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(영문) 대전지방법원 2016.08.17 2016노835
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact that the defendant misleads the defendant of fact when he was the victim, but the injury suffered by the victim was already caused by another person before the defendant was assaulted by the defendant, and it cannot be deemed that the defendant was an injury caused by fear of the victim.

However, the lower court found the Defendant guilty of all the charges of this case. In so determining, the lower court erred by misapprehending the facts.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the facts that the victim had already been against the J, etc. may be acknowledged, but on the other hand, the victim was used at the investigative agency, at each time from the defendant, at the investigative agency, at each time, and at each time, at each time, the victim was unable to participate, and at least one hour from the defendant, the total of 30 times of the defendant had been on the gate room for about one hour.

(2) The degree of difficulty to walk on the ground of her head, jum, tacks, tacks, tackbucks, and so on, in response to the J and the Defendant.

A statement (2 right 44 pages of investigation records), 3. If an ordinary camping room is met several times, it is obvious in light of the rule of experience that it takes place, and the defendant is fully aware of it.

According to the circumstances, the judgment of the court below which found the defendant guilty is just, since the defendant's crime of this case can be fully recognized that the victim suffered an injury and entry in the facts charged, and there is no error of mistake of facts as pointed out by the defendant.

B. As to the unfair argument of sentencing, the fact that the defendant did not want the punishment of the defendant by agreement with the victim, the victim wanted the defendant's wife up to the appellate trial, paid part of the amount of damage to the victim, and the victim's facts at the time of such agreement.

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