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(영문) 대구지방법원 2017.06.30 2017노719
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts with a stone with a stone, and despite the absence of the fact of causing the victim, the lower court erred by misapprehending the fact that there was a special injury, thereby adversely affecting the conclusion of the judgment.

B. The punishment that the Defendant sentenced to the Plaintiff (eight months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly admitted and investigated by the trial court and the trial court, i.e., the victim had consistently taken the victim’s face from the investigative agency to this court before the victim’s face, and thereafter the Defendant had consistently displayed tins and bricks, and the Defendant was faced with the left face of the wall.

The statement is made; ② The victim visited the hospital on September 30, 2015, the following day immediately after the injury was inflicted; ② The victim was diagnosed as “damage to sins and sins, sins,” etc.; ③ A did not deem that the Defendant used sins or s insins.

However, in light of the fact that: (a) while the victim was faced with the victim, the defendant and the victim were wraped; (b) the defendant and the victim seem to have failed to see the behavior in detail; (c) the victim suffered minor bodily injury on the face of the victim; (d) but it is difficult to readily conclude that serious bodily injury naturally occurred due to the wall-to-face face face of the victim, etc., the defendant could sufficiently recognize the fact that he/she had taken one time a part of the victim’s left face with the wall.

Therefore, the defendant's assertion of facts is without merit.

B. Determination of the unfair argument of sentencing is that the defendant confessions a part of the crime, the defendant appears to have not committed any act at the time of joint intimidation, and the victim A, who is an accomplice of joint intimidation, is 1 million won as consolation money.

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