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(영문) 대전지방법원 2015.01.15 2014노2008
상해
Text

Defendant

The appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, on June 25, 2013, committed a mistake of fact at least five times in drinking the victim’s face on five occasions, but there was no fact that the victim was taken several times after leaving the floor, and the injury suffered by the victim is not caused by assault by the Defendant.

B. The sentence of unfair sentencing (eight months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of facts, namely, ① the victim, from the investigative agency to the court of the lower court, sent to the singing practice room run by F after being called promptly because the customer from the wife F was unsatisfed due to the 18:30 on June 25, 2013, and the victim expressed her face two times due to the following circumstances.

It was used on the ground floor as it has lost mind due to its shock, and continuously the defendant has been injured by assaulting, such as continuing to 3 times the face part of both knife, wearing a gratization and moving the front chest up to two times.

Since then, tourists who passed through the field could avoid violence by speaking the defendant.

“The fact that the victim’s wife consistently stated that it is relatively consistent (No. 28-30 (Evidence No. 8), No. 63 (Evidence No. 12), No. 23 (Evidence No. 17), No. 46 (Evidence No. 19), and No. 34, and 35 of the trial record). ② From the investigative agency to the court of the court of the court below, the victim’s wife F decided that the Defendant would go to the singing practice room operated by himself/herself on June 25, 2013, and that he/she would go to the singing practice room at around 18:30 on June 25, 2013.

Accordingly, the husband called the victim as soon as possible, and the victim arrives at the site and is why the defendant is distorted.

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