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(영문) 대전고등법원 2018.06.01 2018노86
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) concerning the fact that the Defendant was taking the upper part of the victim C’s head by putting the victim C’s head head in the iron wing, the fact that the victim was placed in the iron wing is consistently stated from the investigative agency to the court of the court below, and the victim’s upper part of the body is also consistent with the above statement.

With respect to the fact that the defendant gets a back of the victim's body by cutting down the victim's body, the defendant's statement on the circumstances during which the victim's body was brought back is natural, and the defendant's judgment does not constitute a legitimate defense or excessive defense.

Nevertheless, the court below found the Defendant not guilty of the facts charged of this case. The court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

2. Determination:

A. Comprehensively taking account of the following circumstances revealed by the evidence duly admitted and examined by the lower court in its determination on the assertion of misunderstanding of the facts as to special injury and misapprehension of the legal doctrine, the victim’s statement to the effect that the Defendant inflicted bodily injury upon the victim’s head when the head of the victim was damaged by the iron bars, which are dangerous articles, is believed. In full view of other evidence submitted by the prosecutor, the Defendant’s allegation that the Defendant was placed in the iron bars, which is a dangerous article for the victim’s head.

① The victim, from the time of the first examination to the court of the court below, consistently made a fighting with the Defendant’s body on the ground that the victim was satisfying the preparation to move back from the invasion to the court of the court below, and the victim went to the toilet thereafter. The Defendant specifically stated to the effect that the victim was satisfying and satisfying the head of the bar, which is a part of the clothes satching of the room, and satisfy.

② According to the images of the victim’s body photograph (Evidence No. 22 page of the evidence record) from among the on-site and criminal tool photographs, the victim shall be the victim.

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