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(영문) 대전지방법원 2013.12.19 2013노2011

폭력행위등처벌에관한법률위반(상습존속상해)

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The two-year imprisonment sentenced by the lower court is too unhued and unfair.

B. Defendant 1) Although there was no fact that the Defendant inflicted an injury on Defendant D, the lower court found the Defendant guilty of the facts charged in the instant case, there was an error of misapprehending the facts, and even if the lower court found the Defendant guilty of unreasonable sentencing, the sentence imposed by the lower court is too unreasonable.

2. The following facts and circumstances acknowledged by evidence duly adopted and examined at the court below and the court below's decision on the Defendant's assertion of mistake of facts, i.e., ① the victim D's "under the influence of alcohol, the Defendant resisted to her hospitalization at a mental hospital in the past, her head fright, her head fright, her head fright with her hand, her head fright and her room, her head fright, and her head fright, her head fright, and her body fighting with her face her escape by opening the front fright and out her face her escape, and her body fighting with her face her face her face fright," which are relatively more reliable, and the victim stated at the court below that all the reported contents at the time were false. However, considering the relationship between the Defendant and the victim, it is difficult to accept the victim's reversal statement in light of the victim's right-hand side of the victim's clothes, and the victim's testimony or her body.