상습특수상해등
Defendant
All appeals by prosecutors are dismissed.
The main point of appeal is the relationship between the mistake of the facts of the defendant and the misunderstanding of the legal principles, and the defendant and the victim are divorced.
Although it was proved that the defendant and the victim had proved about the past male-gu problem of the victim during marriage, the defendant did not have committed an act of habitually special injuries, habitually special assault, habitual assault, coercion, coercion, or damage to special property against the victim.
The victim's statement lacks objective reasonableness or is not reliable because it is contrary to logical rules.
Nevertheless, the lower court found the Defendant guilty of all the facts charged in the instant case by reliance on the statements made by the victim with no credibility, has erred by misapprehending the legal doctrine.
The sentence of the court below's unfair sentencing (two years and six months of imprisonment, four years of suspended execution, etc.) is too unreasonable.
The sentence of the court below by the public prosecutor is too uneasible.
It is improper to exempt the defendant from disclosure notification and employment restriction order without any grounds for exemption.
Judgment
As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the lower court also asserted the same purport as the grounds for appeal in this case, and the lower court has credibility.
In full view of the various evidences, including the statement, the court below rejected the defendant's assertion by pointing out the grounds for conviction as shown in the attached Table 3 [Judgment on the facts charged] as shown in the attached Table 3 of the judgment of the court below and found
We examine the credibility of the victim's statement.
According to the evidence duly admitted and examined by the court below, the victim's statement at the investigative agency at least seven times and the witness at the court below at the court below at least three times to 31 cases in total.
In this regard, the statement of the victim was made by the victim and the defendant.
approximately one year and three months from June 2016 to September 2017.