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(영문) 대구지방법원 2019.08.20 2019노1945
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant committed an error of mistake against the victim by misunderstanding that he was guilty on the part of the victim, even though he did not have inflicted an injury on the victim, such as a free body scam which requires medical treatment for 56 days, by drinking alone, while having committed an injury on the part of the victim, by misunderstanding the fact.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport as that of this part of the grounds for appeal, and the lower court rejected the above assertion on the following grounds: (a) the Defendant’s assertion of misunderstanding of facts was presented in detail in the judgment of the lower court; and (b) based on the fact that the Defendant could recognize the fact that the Defendant had inflicted an injury on the victim, such as blood transfusion, in light of the victim’s visual part of the judgment,

Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the defendant.

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

B. Although the Defendant appears to be sufficiently recognized to have inflicted the injury on the instant case, there is insufficient attitude of resistance as denying the crime from the investigation stage to the trial of the case.

The degree of injury suffered by the victim is very severe.

The defendant has been punished several times, including criminal records of suspended execution due to the same violence crime, and is also a majority of criminal records due to the same crime.

This is an unfavorable circumstance to the defendant.

However, when it comes to the trial, the defendant agreed with the victim, and the victim expressed his intention not to be punished against the defendant.

The defendant shall have his previous convictions.

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