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(영문) 수원고등법원 2021.02.05 2020노626
폭행치사
Text

Defendant

All appeals filed by A, C, and D and each appeal filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing)’s punishment (limited to 4 years of imprisonment) is excessively unreasonable.

B. Defendant C, D1) misunderstanding of the legal principles or misunderstanding of the Defendants’ legal principles, one of the cases where Ngrhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

2) The lower court’s punishment (one year and six months of imprisonment, and two years of suspended execution) against the illegal Defendants is excessively unreasonable.

(c)

The lower court’s sentence against the Defendants of the public prosecutor (one and half years of imprisonment for Defendant A, two years of imprisonment for Defendant B, C, and D, one year and six years of suspended execution) is unreasonable.

2. The lower court, based on the adopted evidence, found the following facts: (a) Defendant C and D’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, was found: (a) at the time of the instant crime; (b) at the time of the instant crime, Defendant C had worked as a pastor for about 15 years or longer; and (c) at the time when one year has not passed since Defendant D and their children entered the “H church”; (c) at the time of the commencement of the instant crime, the instant crime was committed; and (d) Defendant D and their children, who made Defendant D and their children known to the Defendant D and caused the defect of having them go against the intent of A; or (d) Defendant D also did not stop from leaving the Defendant’s inquiry by having him/her about the method of taking the inside water of the Defendant D and his/her children; and (d) Defendant D also did not stop from driving the instant crime, in light of these facts.

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