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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2013.04.18 2012노2544
상해등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of 10 months of imprisonment, 2 years of suspended execution, probation, and community service order of 120 hours, which the court below sentenced by the prosecutor, is too unhued and unreasonable.

B. Defendant 1) Defendant 1 did not have inflicted injury on the victim as stated in the facts charged, and applied for a payment order on the genuine claim that should be received by using a written statement of payment based on the victim’s intent as evidence, instead of forging the Defendant, but there was an error of misapprehension of the judgment of the court below that found the Defendant guilty of each charge of injury against the Defendant, fabrication of private documents, uttering of a falsified investigation document, and attempted fraud. 2) Even if each charge of unfair sentencing domestic affairs is found guilty, the sentence imposed by the court below is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. First of all, as acknowledged by the records of this case, the defendant and the victim stated in the court below that the testimony made at the court below is consistent with the fact that the defendant assaulted the victim's head debt by breaking scam, etc. ② The defendant also made a statement to the effect that the victim's head debt or scam scam was scamed in the court below, and the defendant made a statement to the effect that part of the victim's assertion is consistent with the victim's assertion in the prosecutor's investigation (Evidence No. 243 of the evidence record No. 2012Da5877), ③ I stated that the defendant and the victim stated the quality of the defendant's head debt and scam scam scambling with each other (Evidence No. 178 of the evidence record No. 2012Da5878), ④ on the same day, while the defendant was scambling the victim and scambling the victim's motive and scam.

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