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(영문) 수원지방법원 2020.11.19 2020노4750

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as indicated in this part of the facts charged, has not committed an assault by misunderstanding of facts as to the assault in the case of 2020 high-class 2868 by taking the victim F’s face and the right-hand knee.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment) is too unreasonable.

2. According to the evidence duly admitted and examined by the court below regarding the argument of mistake of facts as to the assault in the case of 2020 Gooman288, the victim was asked at the investigative agency as "Iskin two persons in South Korea", so that he continued to her in his own language, and he could not have been aware of himself. At the time, the developments leading the low-level drinking drinking are not clear memorys, and the situation leading it is not easy for two people to be frighten, but it was naturally frighted depending on the alley path between the housing. The victim was her own in English. The victim did not appear to be son at the time when Isknish was first and knished, and the victim did not appear to be sknish at the time when Isknish and knished, and the victim did not appear to be sknish at the time of the victim's testimony."

However, according to the above evidence, the above CCTV used mixed alcohol with the Defendant around 22:18 on July 14, 2020.