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(영문) 의정부지방법원 2017.09.21 2017노1368
장애인복지법위반
Text

The defendant's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal (misunderstanding of facts) Defendant 1 merely took the appearance of the victim at the time of the instant case against the victim, and there is no fact that he/she takes the face of the victim by Mano-Mano-Ma.

Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous.

2. The lower court also asserted the same purport as the above grounds for appeal.

As to this, the lower court rejected Defendant 1’s allegation by comprehensively taking account of the circumstances in its ruling, thereby finding Defendant 1 guilty.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is an error of law by misunderstanding of facts, as alleged by the defendant.

subsection (b) of this section.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

A. According to the images of the photograph taken by the victim’s face at the time of the instant case, the victim can confirm the form of the victim’s cryp and the hump caused a serious suspicion (see, e.g., 4,25 pages of the evidence record). The records of the cryp treatment register of the hospital located at the time of the instant case also indicate that “the victim’s cryp “the hume price” was indicated as “the hume price by the hume-con” (see, e.g., 26 pages of the evidence record). The Defendant asserted that the victim at the time of the instant case would face the victim’s face by the hum-con with the victim’s face, but this is an assertion that it is difficult for the victim to formally understand the humcon.

B. No witness, other than the victim, can find reasons for specially gathering the defendant.

A witness’s statement that “at the time of the instant case, at the time, the Defendant’s inside code was cut off and the part of the victim’s bridge was fixed to the marina, and the victim was unable to move.”

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