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(영문) 청주지방법원 2020.01.10 2019노704
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the fact that the defendant inflicted an injury on the victim as stated in this part of the facts charged can be sufficiently recognized.

Nevertheless, the court below found the defendant not guilty on this part of the facts charged, and erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds that the sentence is too uneasible and unfair.

2. The lower court found the Defendant not guilty of this part of the facts charged on the following grounds: “A witness B’s statement in this court, which corresponds to this part of the facts charged, did not enter the Defendant in the accusation that he suffered assault from the Defendant at the time of the accusation, and was investigated by the police on the same day, and stated, “A hospital treatment was not provided due to an assault inflicted by the Defendant, and a hospital treatment was not in a state sufficient to receive hospital treatment” (the investigation record 7 pages), and B was diagnosed by the Defendant around June 7, 2018, about 18 days after the date of the occurrence of the instant case, as it was difficult to believe that the Defendant suffered an injury, such as an infection for the pertinent two-time medical treatment, and the statement in the written diagnosis of injury alone is insufficient to acknowledge the facts charged, and there is no other evidence to acknowledge it. It is not acceptable that the lower court erred by misapprehending the facts alleged by the prosecutor, as alleged in the judgment.”

Therefore, the prosecutor's argument of mistake cannot be accepted.

3. The defendant's judgment on the assertion of unfair sentencing recognizes the crime of this case and repents, the primary offender, the degree of violence is not much serious, and the defendant and the victim are the couple.

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