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(영문) 대구지방법원 2020.10.15 2020노2331

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s injury, misunderstanding of facts and misunderstanding of legal principles, the Defendant only had a fact that the victim C had first carried in one time against it and had been drinking once again, and did not have inflicted an injury in several times as shown in the facts charged.

B) As to the damage of an article for public use, with regard to the fact that the prisoner’s strong suppressions the defendant and seriously suppresss the defendant, and that there was no intention to damage the article for public use since the defendant was not damaged, there was no intention to damage the article for public use.C), the defendant did not file a complaint as it is, and did not report false facts.

2) The sentence imposed by the lower court on the Defendant of an unreasonable sentencing (ten months of imprisonment) is too unreasonable. B. The prosecutor (the above sentence imposed by the lower court on the Defendant of an unfair sentencing is too unreasonable and unfair.

2. Determination

A. 1) Determination of mistake of facts and misapprehension of legal principles regarding injury 1) The following circumstances revealed by evidence duly admitted and investigated by the court below, i.e., the victim C’s statement from the police to the court of the court of the court below, consistent from the police to the main part of the court of the court of the court below, E’s police and the court of the court below’s judgment can be recognized credibility by substituting it, there are no circumstances that the date of preparation and the date of diagnosis issued by the victim on the medical certificate issued by the victim are close to the point of time and there are no special suspicions about the process of issuance of the medical certificate, and there are no evidences that the victim’s loss and degree coincide with the cause and circumstance of the injury alleged by the victim. In light of these facts, the court below’s recognition of this part of the facts charged is just and acceptable, and there is no error of mistake of facts or misapprehension of legal principles as alleged by the defendant. 2) The evidence duly