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(영문) 대전고등법원 2020.12.04 2020노348
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s judgment, which dismissed the application for compensation filed by B, but the judgment dismissing the application for compensation, became final and conclusive immediately as it was impossible to file an objection pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of the trial of this court.

2. Summary of grounds for appeal;

A. Regarding the facts constituting the crime of Paragraph 1 of Article 1 of the judgment of the court below in mistake of facts, the defendant only reported the victim to the police, and did not trace or trace the victim's breath in the process of reporting the victim to the police.

In addition, the injury of the victim is extremely minor and does not constitute a criminal injury.

In regard to the facts of the crime of Paragraph 2 of the judgment below, there is no fact that the defendant was injured by plicking the victim's son who was employed by the defendant and let the victim enter the victim's residence, and the defendant did not display the victim's son's son, plucking or plucking the victim's face, etc.

Nevertheless, the court below found all of the charges of this case guilty, and the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is unreasonable.

3. Judgment on the assertion of mistake of facts

A. As to the crime of paragraph (1) of the judgment of the court below, the defendant alleged to the same effect as the grounds for appeal in this part, and the court below determined that the defendant could be found to have suffered bodily integrity or harm caused by physiological function in light of the following circumstances, taking into account the following circumstances revealed by the evidence duly adopted and investigated by the court below.

(1) The aggrieved person shall apply to the original judgment from an investigative agency.

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