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(영문) 의정부지방법원 2019.09.05 2019노212

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts did not err by misapprehending the legal principles on the victim I or by inflicting an injury. Accordingly, the lower court found the Defendant guilty of this part of the crime of injury erred by misapprehending the facts. 2) The sentence imposed by the lower court of unreasonable sentencing (ten months of imprisonment) is excessively unreasonable.

B. The prosecutor (misunderstanding of facts as to the acquittal portion of the reason) clearly states the fact that the victim I was placed, and the victim's injury was not a wound by drinking, etc. in light of the victim's injury level and degree, and the defendant's personal belongings at the main point is not only micro, and thus, it is evident that the crime committed is micro.

Therefore, the lower court erred by misapprehending the fact that the facts charged of a special injury, which caused the injury to the victim by unloading the back head of the victim in microfa, which is a dangerous thing, was not guilty on the ground.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court found the Defendant guilty of this part of the injury on the following grounds. The victim stated consistently in the police and the court to the effect that “the victim, who did not have a day-to-day way, left back the back by being the same as that of a male who did not have a day-to-day way.” The victim stated to the effect that “at the time, a dan operator, who was the place where the instant crime was committed, had a woman with the Defendant’s mother, the victim, and the name of the victim, but there was no male in fact, but a man in fact was constantly locked, and the victim was able to keep the back and ran bar as the victim was faced with the victim’s statement, which accords with part of the victim’s statement.

The part of the back head of the victim caused by a disaster is consistent with the statement of the victim, both the photograph taken immediately after the occurrence of the case and the part and degree of the injury recorded in the diagnosis document.

The victim reported to the police immediately after the instant case, and the Defendant left the scene.

The defendant at the above dynasium is also the above dynasium.