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(영문) 대구지방법원 2021.01.08 2020노2078
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles are unilaterally assaulted by the injured party, and there was no injury to the injured party as shown in the facts charged.

B. The lower court’s sentence against an unfair defendant in sentencing (2 million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the lower court found the Defendant guilty of the facts charged in the instant case based on each evidence published by the lower court.

In light of the following circumstances acknowledged by the evidence duly admitted and adopted by the court below, i.e., (i) the victim suffered a necessary injury for the victim, i.e., (ii) the victim and the defendant have consistently stated the victim's assault. (ii) the victim and the defendant have made a detailed statement in the process of driving the victim's face, (iii) there is no unreasonable or contradictory part in the statement in light of the empirical rule, (iv) the victim's treatment register (Evidence 68 pages), diagnosis certificate (Evidence 69 pages), and CT data (Evidence 91 pages), and the victim's treatment statement (Evidence 91 pages), i.e., the victim did not suffer a serious injury upon the victim's face, (iv) the victim did not have any other opinion on the part of the victim, such as the victim's phone-type and the victim's non-indicted 1, as it did not interfere with the daily life of the victim.

It is not to be seen, 5. The victim is flicker, blue, blue, blue, etc. (see evidence records 72, 73, 6.) and 6.

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