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(영문) 대구지방법원 2020.04.29 2020노107
존속상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The father of the defendant's father, misunderstanding of facts and misunderstanding of legal principles, who was suffering from dementia, caused his own wound to his own arms, and even if the victim abused the defendant and the defendant was injured, the defendant did not have the intention of injury to the victim.

Although the victim F, who is the owner of the damaged restaurant, continued to have a defendant, the defendant has a cafeteria, or has a dispute with the cafeteria, it does not constitute the force of the crime of interference with business.

Nevertheless, the lower court found all of the charges of this case guilty, and thus, it erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts and misapprehension of legal doctrine, the Defendant may inflict injury upon the victim B as stated in the facts charged, and recognize the fact that the Defendant interfered with the victim F’s restaurant business by force. Therefore, the above assertion by the Defendant is without merit.

① At the prosecution around 02:00 on October 12, 2019, the victim B made a clear statement to the effect that “The Defendant laid down the victim’s neck in favor of the Defendant on the ground that the Defendant did not cut the neck, and that the Defendant was not absolute when he shouldered by drinking.” However, the Defendant made a clear statement to the effect that “The Defendant opened the victim’s left part of the saw that the victim’s neck was the front part of the saw, with the victim’s handba, and that it was sufficient to keep the victim’s knife away from the knife.”

(2) The Defendant’s mother stated at the police that “Around 02:00 on October 12, 2019, the Defendant found the Defendant’s arms of the victim B as her hand and her arm’s length was her seated with the spawn and her hand.” The Defendant’s mother stated that “A” was her arms of the victim B.

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