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(영문) 의정부지방법원 2020.05.08 2019노3156

특수상해

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The misunderstanding of facts victim H and I do not suffer from fiff by the defendant's knife disease, but only suffered from the injury such as knife and knife in the course of strongly assaulting the defendant who is fnife with the victim G.

Nevertheless, among the facts charged in the instant case, the lower court convicted the victim H and I of all special injury to the victim G, as well as the special injury to the victim H and I. In so determining, the lower court erred by misapprehending the facts, thereby convicting the entire facts charged in the instant case.

Even if all of the facts charged in the instant case on the grounds of unfair sentencing are found guilty, the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

In full view of the following facts and circumstances recognized by the lower court’s judgment and the evidence duly admitted and investigated by the court of first instance as to the Defendant’s assertion of mistake of facts, the lower court’s judgment that found the Defendant guilty of all the charges of this case is just and acceptable, and it does not seem that there was any error of mistake of facts affecting the conclusion of the judgment.

Therefore, the defendant's assertion of mistake is not accepted.

According to the evidence of the video recorded in the situation at the time of the instant case (hereinafter the instant video), among the CD screen images in Article 289 of the evidence evidence record, the file name G-produced video (hereinafter “G-produced video”).mp4, the Defendant saw a shouldered small-scale disease as a knife, attached the victim’s head knife with the left hand by attaching the victim’s head knife with the Defendant’s head knife. In order to remove this Defendant from G, the victim I knife out the victim’s head knife, part of the victim’s head knife, and part of the Defendant knife the victim’s head knife and part outside the victim’s knife with the victim’s left hand.