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(영문) 서울중앙지방법원 2020.09.11 2020노1253
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not prove that the defendant inflicted an injury on the victim because he was her beer disease.

In addition, in order to prevent the victim's daily behavior from coming to the defendant, the defendant only set up one string, but did not prove that three strings are broken, and the judgment of the court below is erroneous in misunderstanding of facts.

B. The Prosecutor’s sentence (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is deemed to be too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. Although the testimony of C does not coincide with the statements of the victim E in detail, although the victim E was investigated by the police on the day of the instant case, while the victim E stated that he would have been sold to the beer disease of the defendant on the day of the instant case, he first recognized the fact of assaulting the defendant's hand, the victim's above statement does not go against the rule of experience, and the statement itself does not conflict with the rule of experience, the contents of the written diagnosis of injury, photograph image (Evidence No. 29, No. 140 of the evidence record) also conforms to the statements of the victim E, the judgment of the court below is just, and this part of the defendant's allegation is without merit.

B. In full view of the testimony of the damaged C and the contents of the investigation report (Evidence No. 61 of the evidence records), the facts that the Defendant destroyed three of the unexploded tables at the market price, which is the victim C, by putting one of the tables back and connecting two of the tables immediately adjacent to the table as a result, are broken down and the one of the tables installed on the table is broken and broken down.

However, on May 24, 2019, the police officer F visited the packaging horse in the operation of the victim C to listen to and investigate the facts of damage from the victim C, and at the time, the victim C is close to the cooling house.

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