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(영문) 수원지방법원 2013.07.25 2013노2447
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the facts constituting a crime of mistake of facts in the judgment of the court below, the court below found the defendant guilty of this part of the facts charged, although the defendant was not forced to remove a dub, which is a public object. The judgment of the court below is erroneous by misunderstanding the facts and affecting

B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (eight months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant may recognize the fact that the galking installed in the G District toilet was destroyed and damaged.

① The Defendant alleged that police officers were able to sweet the sweet while going beyond the shock of a gun, but the sweet the sweet. However, police officers appeared in the court of original instance and the Defendant’s sweet the sweet to control the Defendant by sweeting the sweet to the sweet the sweet, and the Defendant’s statement that the Defendant’s act was credibility in the above H’s statement. Without any special reason, it is difficult to believe the Defendant’s statement that police officers were sweet the sweet the sweet to the Defendant.

② The defendant seems to have been under the influence of alcohol at the time when he was investigated by the police, and seems to have failed to accurately memory the situation at the time.

(피고인은 경찰관 2명이 자신의 팔짱을 끼고 화장실로 데려간 것으로 기억하고 있으나 경찰관 H은 혼자서 피고인을 화장실로 데려갔고, 화장실에 있던 피의자 일행을 내보낸 후 피고인의 뒤쪽으로 채워진 수갑을 풀어주었다고 진술하면서 당시 상황을 상세하게 기억하고 있다). ③ 위 H은 피고인이 화장실에서 용변을 볼 수 있도록 뒤로 돌아선 순간 콘크리트벽에서 못을 뺄 때 들리는...

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