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(영문) 대구지방법원 2015.08.21 2014노3620
상해등
Text

All of the appeals filed by the prosecutor and the defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor by the prosecutor, the judgment of the court below that acquitted the defendant B even if the defendant B clearly recognizes the fact that the defendant B was a dangerous article.

B. Regarding Defendant A (1) misunderstanding of facts and misapprehension of legal principles, Defendant A, first of all, had the face of Defendant A with the face of Defendant A, and there was no fact that Defendant B satisfebling B.

With regard to Paragraph 2 of the decision of the court below, Defendant A spawn the idea that he would die if he does not defend after being spawned from B, while spawning B, he was spawned into the floor while spawn and spawned into the floor while he was spawn, and the body was spawnd from the body, and the face is a self-defense.

(2) The sentence of 10 months of imprisonment, 2 years of suspended sentence, 160 hours of probation, community service, etc. imposed by the lower court is too unreasonable.

2. Determination:

A. (1) The judgment of the court below on the grounds of appeal by the prosecutor (1) is that ① the victim’s investigation agency and the court of the court below’s judgment lack consistency with the specific acts of himself and Defendant B at the time of the instant case, ② the photo taken by the police officer on the day when the commission of the instant crime was withdrawn from the scene of the instant crime was not admissible as evidence because it did not go through due process, ③ even if the photo is admissible as evidence, the date and time of the photographing cannot be known, and H’s statement is difficult to believe that the police officer’s statement was taken in the box because it was not consistent with the A’s statement and the police officer’s statement dispatched to H on the day of the instant case, based on the I’s statement and the police officer’s statement sent to H on the day of the instant case, it is doubtful whether H was recovered on the day of the instant case, ④ the victim from the Defendant.

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