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(영문) 대구지방법원 2020.09.11 2019노2345
특수상해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles did not inflict an injury on the victim due to a beer’s disease and a shoulderer’s disease, as stated in the facts charged in the instant case.

In addition, the injured party's wife is a minor therapy of nature without special treatment and does not constitute an injury to the criminal law.

B. The sentence imposed by the lower court (six months of imprisonment and one year of suspended execution) is too unreasonable.

2. Determination

A. The court below rejected the above assertion and its determination in detail on the grounds that the defendant and the defense counsel made the same assertion as the grounds for appeal in the court below's determination of mistake of facts and misapprehension of legal principles, under the title of "determination of the defendant and the defense counsel's assertion" in the court below's judgment.

According to the evidence duly adopted and examined by the court below, the above fact-finding and judgment of the court below are just, and it can be sufficiently recognized that the defendant inflicted an injury by assaulting the victim with beer who is a dangerous object. Thus, the court below did not err by misapprehending the legal principles as alleged by the defendant, or by misapprehending the legal principles.

Therefore, the defendant's above assertion is without merit.

B. The instant crime of determining the allegation of unfair sentencing is an unfavorable circumstance to the Defendant that: (a) the instant crime of determining unfair sentencing was committed by a beer and beer’s head, display a shoulderer beer’s disease, and inflicted an injury on the victim’s face; and (b) the risk of committing the instant crime is heavy and not good.

On the other hand, however, the victim's injury is not severe, the defendant has agreed to do so from the investigation process to the victim's original condition, the victim desires to take the defendant's wife again, the defendant seems to have committed any contingent crime under the influence of alcohol at the time, and the crime of violation of the Road Traffic Act was sentenced three times to a fine.

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