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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2020.08.21 2019노2743
상해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant of mistake of facts under Article 1 of the facts charged of this case

At the time and place stated in the subsection, only the victim's face was sealed with the hand floor at the time and place, and not the victim's face was pushed with the hand floor and hand, and the charge No. 1-B of this case was charged.

There is no fact of intimidating the victim as stated in paragraphs (2) and (2) by causing injury to the victim or by excessive use of intimidation.

Nevertheless, the court below found the victim's false or exaggerated statement with dementia to be reliable and found guilty in all the facts charged of this case. The court below erred by misapprehending the legal principles.

The sentence of the lower court on unreasonable sentencing (fine 3 million won) is too unreasonable.

The lower court determined the Defendant’s assertion of misunderstanding the facts in light of the following: (a) the victim made a specific and consistent statement from the lower judgment in the investigative agency to the lower court’s court; and (b) according to the fact-finding with respect to a medical institution, the victim was treated with dementia symptoms at the medical institution; (c) the victim was only relieved of his ability to memory in light of the fact-finding; and (d) there was no symptoms, such as false horses, network, etc., the victim’s statement is recognized as credibility; and (c)

The following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below in light of the circumstances revealed by the court below, i.e., ① the victim’s statement that the defendant inflicted an injury upon the victim by putting his face, shouldering, fingers, etc. as stated in paragraph (1) of the facts charged of this case is highly reliable in line with objective evidence, such as the victim’s injury diagnosis statement stating that the victim suffered an injury on the face, satis, perforum, perforum, perforum, dysat, satis, satis, etc. (Evidence No. 18, 19 of the evidence record) and 2.

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