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(영문) 대구지방법원 2019.07.26 2019노906
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of this case of mistake of facts, the defendant spits or spits the victim's bees and spits the victim's bees, but the victim's chests were not spited, but spits the victim's bees towards the wall instead of the direction of the victim, and there is no fact that the television was s

Nevertheless, the judgment of the court below which found the defendant guilty of the charge of special injury which the defendant injured the victim with dangerous things, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below and the court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined at the court below, namely, ① the victim made a statement consistent with the facts charged in this case to the effect that "the victim made a statement that "I would like to see that she would have been able to find a shot and shot, which was used as a separate room, left the shot and shot, she let the shot and shot the shot, she left the shot and shot," and "I would like to see the shot and shot, she was shot, and there was another object, which was shot and shot." The victim made a statement that is consistent with the facts charged in this case, ② that the contents are specific, ② that the victim's shot and shot, which appears to have been broken away in the victim's surroundings, ③ that the victim's s shot and shot, which appears to have been broken away from the victim.

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