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(영문) 전주지방법원 2017.05.26 2016노1902
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was guilty of the facts charged in the instant case, even though the Defendant did not have assault the victim, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence of the lower court (one year and six months of imprisonment, three years of suspended execution, and one hundred and sixty hours of community service) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. On May 19, 2016, the Defendant: (a) around 07:30 on May 19, 2016, at D Jeong-jin-gu, Jinjin-gu; (b) told the victim E (50 years of age) (hereinafter “Woo-gu”) who was seated therein to “on the fright to have a female fright movement”; (c) but, on the ground that the victim refused and refused the “fright to fright at the fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright; (d)

B. In light of the following circumstances revealed by the evidence duly adopted and examined, the lower court convicted the Defendant of the charges on the ground that the Defendant could have acknowledged that the Defendant’s snow part of the victim’s snow was damaged, such as snow boom and snow around snow, etc., by viewing that he can be found without any reasonable doubt that the Defendant’s snow part was damaged in light of the body of the victim’s snow, snow boom and snow, etc.

A) The victim, at the investigative agency and the court of the court below, “I wish to see that I will see that I will see if I will see that I will see. I will see that I will see the defendant.”

In other words, the defendant suffered injuries by viewing the snow of the snow with his own food, the snow part of the snow and the ship, and the live stick for mountain use."

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