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(영문) 광주지방법원 2018.04.25 2018노53
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of all the facts charged of this case, although the Defendant, by misunderstanding the facts, inflicted an injury on the victim by displaying a name tag, and breathing breath of the victim’s face, was not found to have taken the victim’s face with drinking and breath. The court below erred by misapprehending the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of facts is consistent with the following circumstances, i.e., ① the witness of the situation at the time following the victim’s testimony, ② the investigative agency and the court of the lower court consistently stated in the court that “after the victim’s head was faced with his/her name tag, he/she made one time each time,” and the victim’s face face face may be recognized in light of his/her attitude. ② The victim, in the investigative agency and the court of the lower court, stated consistently to the effect that “Although he/she was unable to memory because he/she had no mind at the time of the instant case due to his/her head tag, but there was a part inconsistent with or inconsistent with each statement of the victim or the witness at the time of the instant case. However, this is difficult to acknowledge the credibility of each of the Defendant’s testimony and the witness’s face at the time of the lower court in light of the following circumstances:

The decision was determined.

2) Determination of the immediate deliberation.

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