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(영문) 대구지방법원 2018.01.12 2017노4429
일반교통방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not inflict an injury on the victim F as stated in the lower judgment (as to the part 356 of the order of 2017, the Defendant did not inflict an injury on the victim F.

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

2. Determination

A. The judgment of the court below on the assertion of mistake of facts is based on the evidence duly admitted and investigated by the court below, i.e., ① the victim was in the computer room, which was small, and was in the kitchen room, and himself and the defendant were in the kitchen room, but he and the defendant were in the kitchen room, and they were in both hands-out with the defendant's hand-on hand-on hand under the influence of alcohol.

After that, the face was taken and faceed several times.

The Defendant made a statement to the effect that he was at the time of the instant case and explained his face, chest, chest, arms, etc. to the effect that he was at the time of the instant case, as stated in the investigative agency, and that he was at the time of the instant case, and that he was at the time of his arms and arms, etc., and that the entire statement was consistent. ② The Defendant reported 112 at the time of the instant case, and the content of the report was “her husband,” and the content of the report was “her husband.”

(3) The police officer, upon receipt of such a report, confirmed the victim’s statement to the same effect as the victim’s wife’s 112 report; and 4. According to the victim’s diagnosis report on November 4, 2016, according to the victim’s diagnosis report on injury, the police officer’s statement to the same effect as the victim’s wife’s 112 report;

2. In full view of the facts indicated in the column of the future treatment opinion, such as “Woman’s salt and tension,” and each written statement in the column of future treatment, the Defendant is sufficiently recognized as having inflicted an injury on the victim F, such as the facts constituting the crime in the lower judgment.

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