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(영문) 대전지방법원 2018.09.20 2017노2404
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (as to the guilty portion in the judgment of the court below), the defendant misleads the victims as to the facts of the defendant (as to the guilty portion in the judgment of the court below), and caused the injury by covering the victims with the wall, and as such, there was no intention to inflict the injury on the victims.

The punishment of the court below (two years of suspended sentence, etc. in August) which is unfair in sentencing is too unreasonable.

Comprehensively taking account of the evidence submitted by the prosecutor at the lower court and the first instance court, the fact that the Defendant inflicted an injury, such as the flaging of the victim L by taking advantage of the victim’s face can be sufficiently recognized.

The judgment of the court below as to the defendant's assertion that the punishment of the court below against the defendant was too uneasible and unfair, and the defendant argued the same as the grounds for appeal in this part of the court below. The court below rejected the defendant's assertion and found the defendant guilty in this part of the charges by explaining that the defendant's assertion and its judgment (it takes into account the fact that the defendant was injured by the victim I and J due to the reason that the defendant was faced with the victim's injury, and the reason that the defendant was faced with the pole or wall's injury, the defendant's intentional injury is recognized) under the "a summary of evidence" as follows.

Examining the judgment of the court below and the court below in comparison with the evidence duly adopted and examined, the above judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant in the judgment below.

Now, (in addition to the evidence of M's written confirmation, CCTV screen, etc. additionally submitted in the first instance, it is insufficient to affect the above judgment). Therefore, the Defendant's assertion of mistake is without merit.

The judgment of the court below and the trial court on the prosecutor's assertion of mistake of facts are duly adopted and investigated.

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