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(영문) 대구지방법원 2018.11.22 2018노2190

폭행등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. Summary of grounds for appeal;

A. Of the judgment of the court of first instance, the Defendant did not assault J with regard to the point of assault by mistake of facts or misapprehension of legal principles, and in relation to the point of the damage of property, the part of each of the property damage under 2, 4, and 5 in the daily list of crimes attached to the court below was recognized, but there was no fact that each of the property damage under 1, 3, 6, 7, and 8 was done by the Defendant.

B. Each sentence sentenced by the court below (the court below's judgment No. 1: January 2, 200; imprisonment with prison labor for 8 months) is too unreasonable.

2. We examine ex officio the appeal ex officio, and the defendant filed each appeal against the judgment of the court below, and examined the appeal case in the first instance court. However, as long as each crime of the judgment of the court below, which the judgment of the court below sold, is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a sentence should be imposed. In this regard, the judgment of the court below cannot be maintained any more

However, the grounds of appeal as to the mistake of facts or misunderstanding of legal principles are still subject to the judgment of the court, and the above provisions are changed.

3. Judgment on the misapprehension of the legal principle or mistake of facts

A. The court below also argued that the Defendant was identical or similar to the grounds for appeal, and the court below found the Defendant guilty of the facts charged of the assault based on L, J's statement in investigation agencies, the testimony of the court below, the testimony of the court below, and the testimony of the court below. The court below rejected the Defendant's assertion by examining L, J as witness and directly reporting and observing L, attitude, consistency, clarity, and the physical strength of the witness's statement.

The court below's determination of guilty of the facts charged of this case based on L/J's statement is just, and it erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

참조조문