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(영문) 전주지방법원 2018.08.10 2018노68
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In a misunderstanding of the facts or misapprehension of the legal doctrine (1) the part concerning the crime of injury (2017 order 283) was committed by the Defendant, while the Defendant was assaulted by the victim D, only engaged in the breath’s breath, and did not err in the victim’s face and chest, such as the facts charged.

(2) The details of the accusation that X embezzled the amount of KRW 100,000,000,000,000 are not false facts, and even if false facts were, the Defendant did not have awareness of the falsity.

B. The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the trial court, the Defendant may be found to have inflicted an injury on the victim D’s face and chest. Therefore, the lower court’s judgment that found the Defendant guilty of this part of the facts charged is justifiable, and there was no error by misapprehending the facts alleged by the Defendant.

(1) In the investigation agency and the lower court, the victim D expressed the Defendant’s desire without having the Defendant take the bath first and without having the Defendant take the bath.

In order to move one's place of work, the defendant took his face at one time with the left hand, and he also took the face of the defendant at one time with his hand.

After that, when the defendant fats his fat, fats fats fats fats fats fats fats fats fats fats fats fats fats fats fat

In addition to the statement consistently and consistently, the victim himself/herself was also the victim himself/herself of the investigation record, on the 306th day of the trial record, one right to the investigation record, and one right to the investigation record.

The contents of the statement are also true and correct.

(2) On the other hand, the Defendant, unlike the above statement by the victim, unilaterally from the victim D to the trial of the victim.

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