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(영문) 춘천지방법원 강릉지원 2014.05.27 2014노61
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. Error of mistake (Influence portion) D plicked or plucked up the Defendant’s fingers or fingers after the Defendant’s fingers, D and E were supbling the Defendant’s breath, and the Defendant filed a complaint against D, etc.

Nevertheless, the judgment of the court below which judged that the defendant was not guilty of D, etc. is erroneous and adversely affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant alleged to the same effect as this part of the grounds for appeal in the lower judgment, and the lower court rejected the Defendant’s assertion in detail on the part of “determination of the Defendant’s assertion” among the grounds for the judgment.

The judgment of the court below is closely compared with the evidence, and there is no other evidence to acknowledge that the defendant suffered an injury by assault from D except for the statement statement (No. 84 pages of the evidence record) stating that the defendant's statement or the defendant's statement was written, and K stated on December 29, 2012 as "No. 30," but it stated that E was able to see and drink the defendant's flat at the time of the police investigation on January 5, 2013. On the other hand, the defendant stated that E was verbally at the time of the police investigation on January 5, 2013 when E was in dispute with D, and that there was no other evidence to acknowledge that he was an injury by assault from D (the evidence record was submitted after 21, that E was satisfing, and that there was no injury by the defendant's hand over 7, as stated in its reasoning, until the defendant's hand over 17, 2013.

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