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(영문) 대구지방법원 2018.09.13 2018노2294
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of fact, did not injure the victim D’s flaps with the following drinking, in addition to cutting down flaps and sculing flaps, as indicated in the facts charged.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant guilty by taking account of the evidence in its judgment.

2) Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant inflicted an injury on the victim D as described in the facts charged.

It is reasonable to view it.

Therefore, the judgment of the court below that found the defendant guilty of this part of the facts charged is not erroneous.

This part of the defendant's assertion is without merit.

① The victim D and witness E consistently testified from the investigation stage to the court of the court below that “the Defendant adopted the body of the victim D”.

② At the investigation stage, H made a statement at the time of the investigation that “the Defendant was satisfing with the fat of the victim D’s satch, satisfing with the wall, and satisfing with the house by drinking.” However, H made a statement that “The Defendant and the victim D were mixed in the room for about three minutes in which the Defendant and the victim would go to the ward, and if the Defendant assaulted the victim D’s body, he would have been satisfing (see evidence record 148 pages), during the period in which the victim’s body was satisfed (see evidence record 148 pages),” and H was not a witness from the beginning to the end, and the Republic of Korea War War and South Korea War also stated that “the Defendant was sealed to the wall that was satd with the victim’s fatd with the fat, with the wall that was sated by drinking with the wall.”

The statement was made by the Defendant upon the request of “a request to make a statement” (see, e.g., 150 pages of evidence), and if the Defendant alleged in the Defendant, she is supposed the victim D’s ebbbbial.

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