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(영문) 부산지방법원 2019.05.31 2019노158
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant (as to the part guilty in the original conviction), only has passed before the victim's house, and there was no damage to the victim's house glass.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. According to the evidence submitted by the prosecutor (the non-guilty part of the judgment of the court below), the court below acquitted the victim of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the facts. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. The court below rejected the Defendant’s assertion of mistake of facts at the court below, claiming the same as the reasons for appeal in this part of this part, and the court below rejected the Defendant’s assertion and its defense counsel’s assertion in detail at the bottom of the evidence among the judgment. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below and the court below, i.e., the victim’s right to make a statement to the effect that “I would like to say that I would like to say that I would like to say, “I would like to see the sound of glass, and I would like to go out before the victim’s house,” and that I would like to say that I would like to say, “I would like to go back, because I would like to go back, I would like to go back. I would like to go back. I would like to go back immediately after the victim was able to go back under clothes in the body of the evidence at the time of the judgment.”

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