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(영문) 부산지방법원 2019.11.28 2019노2695

특수상해등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The victim of mistake of facts in the judgment of the court below found Defendant 1 guilty even though he had maintained a causal relationship with the Defendant even after each crime listed in the criminal facts in the judgment of the court below was committed, and the victim’s statement was not reliable, such as exaggeration of the fact of damage, etc. The victim’s statement was not reliable, and the hullar, as stated in paragraph (1) of the criminal facts in the judgment of the court below, did not have an intention to injure the Defendant with respect to the part that was damaged by the hullar, and the part that was damaged by the hullar. Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, although the defendant should be acquitted as to the remaining part of the criminal facts in the judgment of the court below 1-A and 3-D.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The court below's decision recognizes the facts that the defendant committed each crime of special assault and assault among the facts stated in the judgment of the court below in full view of ① the circumstance where the victim committed a special assault and assault in the police and the court of the court below, the behavior of the defendant at the time, the grounds for the assault and assault of the defendant, the part of the facts stated in the judgment of the defendant, and the fact that there are no circumstances to suspect that the victim made a false statement, and there are no circumstances to suspect that the victim made a false statement, and ② the fact that the defendant committed a crime of special assault and assault in the judgment of the court of the court below in full view of the statements made by a video professional investigation agency about the body part of the victim and the video company of the victim, and the fact that the defendant adhered to the body part of the victim at the time of the crime, and the defendant's speech and behavior at the time of the crime.