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(영문) 광주지방법원 2019.10.15 2019노658

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not inflict any injury on the victim on December 22, 2017, when he was the victim.

B) The Defendant did not assault the victim on March 16, 2018. (C) Although the Defendant had expressed a wish to do so to the victim on April 10, 2018, the Defendant did not assault the victim.

2) The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, three years of suspended sentence, three years of probation, and two hundred hours of community service order, too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s lawfully adopted and investigated evidence regarding the Defendant’s assertion of mistake of facts, namely, the victim has consistently stated from an investigative agency to the lower court that he/she was assaulted by the Defendant as stated in each criminal fact in the lower judgment, as to the injury on December 22, 2017, the assault on March 16, 2018, and the assault on April 10, 2018, as stated in the lower judgment, and there is no particular circumstance to suspect the credibility of the statement. Nor did there find any particular circumstance to suspect the credibility of the statement, the Plaintiff and the victim appeared from the lower court’s public parking lot to enter the scene of parking lot near the said public parking lot. The victim stated to the effect that “The Defendant and the victim were in dispute between the Defendant and the victim within the parking guide station and the victim on the day of the above public parking lot and the victim’s face on the day of the crime No. 271 J. 27, 2017.”

The defendant made a lot of desire for the victim.

The defendant takes his hand to the victim, and the victim takes his hand to the victim.