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(영문) 대구지방법원 2015.07.10 2014노3039
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. The judgment of the court below seems to have committed the crime of this case in favor of the defendant, such as the confession of the crime of this case, the crime of this case was committed by assault, such as flabing, etc. first of all by the victim, and the defendant seems to have committed the crime of this case in a contingent manner, and there is no record of criminal punishment in Korea. However, prior to the crime of this case, the defendant, prior to the crime of this case, was under the influence of alcohol, moving the victim into his house without his consent, recommended the victim to go back from his house, and was refused to go back from his house, etc. The defendant seems to have provided the foundation of the crime of this case. The injury suffered by the crime of this case was serious due to the 4-month treatment of the victim, and the victim did not reach the trial, and the victim did not reach the victim's age and character, character, environment, motive, means and result of the crime of this case, and all of the records and arguments after the crime of this case are without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the phrase “1. Induction” in the application of the law of the court below ex officio shall be corrected as the phrase “B” under Articles 70 and 69(2) of the Criminal Act, which was amended by Act No. 12575 of May 14, 2014, which was amended by Act No. 12575 of May 14, 2014.

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