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(영문) 창원지방법원 2021.01.21 2020노1327

도박장소개설등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The misunderstanding of the facts or the legal principles stated by the investigative agency that the defendant was injured by the victim's wife at the right edge of the defendant's real waterways, not at the investigative agency, and the Z, unlike the statement in the investigative agency, that the defendant was faced with the wall of the entrance that the defendant was faced with the wall of the court below that the victim suffered the upper body.

In full view of the statement made by AK’s statement in AK’s trial court, Defendant 1 had an intentional act of throwing the victim at the time of the instant case.

It is difficult to see it.

Therefore, since there was no intention on special injury to the defendant, there was no special injury crime.

Nevertheless, the court below convicted of this part of the facts charged. The court below erred by misunderstanding the facts or misunderstanding the legal principles.

B. The punishment sentenced by the lower court (two years of imprisonment, four years of suspended execution, three years of protection observation, three years of community service order, 240 hours of gambling treatment instruction, 40 hours of an order to attend a lecture) is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of the facts or legal doctrine, the Defendant is sufficiently admitted to have committed a crime as stated in the judgment at least as to injury, and the Defendant’s assertion is without merit.

(1) The AL (tentative name) reported from the head of the victim "on the police station" to the victim as to who she is the victim as to who she is shel, and the victim was sheleeped with the victim.

The term "" refers to the following.

As the defendant did not take the victim to the hospital during the period of suspension of execution, he did not take the victim to the hospital, but moved to the hospital as soon as AK took place, and made a statement "."

② Z는 경찰에서 ” 피해 자가 사건 당시 피고인이 큰소리로 뭐라고 하는 것에 기분이 나빴는지 피고인에게...