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(영문) 대구지방법원 2019.06.18 2018노4106
특수상해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) Violence against the victim E: ① The list of crimes in the annexed Form of the judgment of the court below refers to the list of crimes indicated in the annexed Form of the judgment of the court below; hereinafter referred to as “attached Form 1”; No. 1 of the list of crimes: there is no time.

② Attached Table 1) Nos. 2: Doz. 3: Doz. Doz. was attached only to Doz. Doz. (3) [Attachment Table 1] Nos. 3: The Doz. is smaller than the hand floor, but there was no drinking or launching.

④ Attached Table 1) Nos. 4: only when he/she puts clothes with iron yarns other than debrisings. 2) An assault against the victim F. 1: No. 1: An assault against the victim F. 2: No. 2: An unfolded by a smuggling 2. ② An annex No. 2: a face with a drinking or hand-on.

③ Attached Table 2) No. 4: An assault against the victim D (3) No. 1: An assault against the victim (attached Table 3): No. 2: 2) No. 5:1.1.2. 2. 3. 3. The face to the floor of drinking or hand by drinking or hand.

③ No. 3: No. 4) The victim’s injury to the victim D was taken in a toilet, and the victim was faced with the victim’s home-to-shote, and the victim did not inflict an injury upon him/her at the time he/she was taken out or taken out due to ear.

B. Each of the original decisions on unfair sentencing (the first instance court: imprisonment of 1 year and 6 months, and 2 years: 1 year) is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by the Defendant’s ex officio, the first and second court rendered a separate examination and rendered a judgment of conviction against the Defendant, and the court decided to concurrently examine each appeal case against each of the Defendant’s respective appeals.

However, each crime of the judgment of the court below 1 and 2 shall be sentenced in accordance with Article 38 (1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Therefore, this is also justified.

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