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(영문) 대구지방법원 2019.07.25 2019노308
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was assaulted by the victim and responded to the assault, and did not inflict an injury on the victim.

B. The lower court’s sentencing of an unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence examined by the lower court regarding the assertion of mistake of facts, the facts that the Defendant inflicted an injury on the victim as stated in the facts constituting the crime of the lower judgment

The lower court did not err by misapprehending the facts and adversely affecting the judgment.

(1) The victim stated in an investigative agency that he/she had his/her head, buck, breast, etc. from the defendant, and that the defendant was shaking his/her head, etc.

(2) According to the record (No more than 61 pages of the record) and CD (Evidence No more than 89 pages of the record), the defendant unilaterally assaults the victim, and the victim seems to have set the number of times or pointed out the violence of the defendant.

E at the scene of the crime also stated that the Defendant committed an act, such as her head, her head, her head, and her head, etc.

(3) On the day following the crime, the victim was visited the H Hospital and was actually hospitalized for five days.

(24 pages of evidence) (4) The Defendant recognized all criminal facts in the original trial.

B. In full view of the following circumstances: (a) the Defendant did not receive a letter from the victim on the assertion of unfair sentencing; (b) the Defendant’s age, character and conduct; (c) environment; (d) family relationship; (e) motive, background, means and consequence of the commission of the crime; and (e) the circumstances after the commission of the crime; and (e) there are no special circumstances or changes in circumstances to the sentencing of the lower court

3. The Defendant’s appeal is without merit.

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