(영문) 대전지방법원 2018.04.18 2017노2606 | 리걸엔진

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Reasons

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자간(%)

(영문) 대전지방법원 2018.04.18 2017노2606

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged of this case, found the Defendant guilty of the facts charged of this case, even though he did not incur a cage of the victim’s side cages to the victim, as stated in the facts charged of this case, by mistake of facts.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. Although the Defendant alleged the same purport in the lower court’s judgment as to the assertion of mistake of facts, the lower court rejected the Defendant’s conviction on the charges of this case by comprehensively taking account of the evidence duly adopted and examined, and rejected the Defendant’s aforementioned assertion on the grounds of detailed reasons in the part of “decision on the Defendant’s argument.”

The following circumstances cited by the lower court, which are acknowledged by the evidence duly adopted and investigated by the lower court and the trial court, namely, ① the Defendant also recognized the fact that the victim gave out the victim at the time and place indicated in the facts charged; ② the victim was diagnosed by the JJ from the date and place of the charge to the right 6, 7, and 8; ② the victim was diagnosed by the body of the JJ from April 1, 2016 to July 2, 2016, the date and time of the instant crime (72 pages of the trial record); ③ the victim stated that the victim’s causes of the cry at the time and place of the instant crime were presumed to be the body of credit (39 pages of the trial record); ④ the victim suffered from the infringement of the body of the victim due to reasons other than the assault of the Defendant at the time of the instant crime (the date and time of the instant crime).

In full view of the fact that there is no evidence to see, the Defendant entered the victim’s side gate as stated in the facts charged of this case in a cage cages.

The judgment of the court below that determined the person is just and there is an error of law that affected the conclusion of the judgment by misunderstanding facts.

subsection (b) of this section.

B. Compared with the first instance court’s determination on the unfair argument of sentencing.

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