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(영문) 대구지방법원 2018.02.20 2018노210
폭행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Fact-finding, misunderstanding of the legal doctrine (the part concerning the crime of inflicting bodily injury on the victim’s) Defendant did not commit an injury by assaulting the victim as shown in the facts charged, except for the case where the victim’s Z was pushed in once.

Nevertheless, the lower court’s judgment convicting this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the

2) The Defendant has committed each of the instant crimes under the influence of mental and physical weakness.

3) The sentence of the lower court (the imprisonment of six months and the fine of 600,000 won) that was unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence (6 months of imprisonment and fine of 600,000 won) is too unhued and unreasonable.

2. Determination

A. In light of the evidence duly admitted and examined by the lower court, such as the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine, the lower court’s judgment convicting the Defendant of this part of the charges is justifiable, on the grounds that the Defendant, at the time of the instant case, was aware of the fact that he inflicted an injury by assault, such as breaking booms in the victim’s Z, booming the bomb, cream, and booming the chest, and booming the chest.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. We examine the Defendant’s assertion of mental and physical weakness, and the Defendant also asserted the same in the lower court. However, in light of the background and means of the crime, the Defendant’s act before and after the crime, the victim’s statement made at an investigative agency, etc., the lower court deemed that the Defendant had weak ability to distinguish things or make decisions at the time of each of the instant crimes.

It is difficult to see

We rejected the Defendant’s assertion.

In light of the evidence duly admitted and examined by the court below, the court below's above.

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