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(영문) 대전지방법원 2018.01.18 2017노2030
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding the facts and the legal principles, the Defendant was fluored by the male-friendly arrest victim B, and the victim was fluorily fluord in the process of taking the fluor in order to get the fluor from the Defendant who attempted to fluor it, and the left chest part of the victim's cellle is fluor, and the Defendant was not fluord with the victim to inflict an injury on the victim, and there was no intention to inflict an injury on the victim.

However, the lower court found the Defendant guilty of the instant facts charged. In so doing, the lower court erred by misapprehending the legal doctrine on special injury and misapprehending the legal doctrine.

B. The sentence of the lower court (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of misunderstanding of facts and legal principles, the defendant, after the police investigation, led to the confession of the facts charged in this case from the police trial to the trial process in the court below, and denied the reversal and reversal thereof. Thus, the confession statement made by the defendant in the court cannot be rejected unless there is any explanation that can be accepted as to the circumstances leading up to the confession.

The victim B’s statement in the trial room, consistent with the Defendant’s defense counsel, cannot be deemed as a reason to refuse the Defendant’s confessions made in the court below, on the ground that it is difficult to believe that the Defendant’s statement

Therefore, the judgment of the court below that found the defendant guilty of the facts charged in this case according to the defendant's confession statement and written diagnosis is justifiable, and therefore, the defendant's mistake of facts and misapprehension of legal principles

B. As to the wrongful assertion of sentencing, the sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, the trial-oriented principle and the principle of directness, which is taken by our criminal litigation law.

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