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(영문) 대전지방법원 2015.03.19 2014노2318
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the case of injury, the Defendant only committed three times at the time and place indicated in the facts charged, and did not inflict a bodily injury by leading the victim D her 1 to a 500m or multiple times to commit the victim D her head and chest. Thus, the judgment of the court below which found the Defendant guilty of the injury was erroneous and adversely affected the conclusion of the judgment.

B) The Defendant of the special obstruction of performance of official duties does not have any fact that he shocked the G who is a police officer by driving a car, shocked the police officer’s face and shoulder, and only carried the shoulder of G at the time and place specified in the facts charged. The lower court found the Defendant guilty of the crime of the obstruction of official duties, which erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The Defendant of the defectiveness at the time of each of the instant crimes.

3) The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unjustifiable.

2. Determination

A. The victim D made a consistent statement from the investigative agency to the court of the court below on the following facts: “The defendant was found to be the victim house at the time of the instant case; “B shall not be punished by death of a class 2 mental disorder; B shall be punished by death of a class 2 mental disorder; at the time of the victim’s head and the chest part with the drinking and hand room. Although the defendant attempted to lead the victim, the defendant was able to lead the victim, but he was able to lead the victim.” The court below duly adopted and investigated the evidence. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below: ① The victim D visited the department of anesthesia pain pain, namely, the victim D was subject to medical treatment for 19 days by visiting the department of 000s and visiting the department of 000s, and “the 19 days left side wall box, tye in the upper left side kne, knee part, knee knee e e e e e e e e e e e e e e e

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