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(영문) 전주지방법원 2019.10.31 2019노961
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of five million won) is too unreasonable.

B. According to the prosecutor 1’s statement and written diagnosis of mistake B, etc., the court below acquitted the defendant on this part of the facts charged while recognizing the fact that the defendant suffered injury B at the time of the defendant’s occurrence of injury. 2) The above sentence of the court below of unfair sentencing is too uneasible and unfair.

2. The lower court determined that the prosecutor’s assertion of mistake of facts was insufficient to recognize the facts charged that the Defendant suffered bodily injury from B at the time, solely based on the evidence submitted by the prosecutor.

According to B’s statement, written diagnosis, etc., it can be recognized that B suffered an injury at the date and place specified in the facts charged.

However, with regard to the circumstances in which B suffered the injury, it is not clearly proven that whether the Defendant suffered the injury at the time of the injury, whether a third party, other than the Defendant, was inflicted the injury, whether the Defendant and the Victim E suffered the injury by pushing ahead of B between the two parties in the process of the physical fighting, whether the third party was injured by the Defendant and the Victim E in the process of the fighting between the Defendant and the Victim E, whether the third party was injured by pushing ahead of B in the process of the fighting between the Defendant and the Victim, or whether B was injured by either her own b or her flidine and suffered the injury, and the possibility of all the above circumstances

Therefore, we affirm the judgment of the court below that acquitted of this part of the facts charged is just, and there is no error of mistake of facts as pointed out by the prosecutor.

Therefore, prosecutor's assertion is not accepted.

3. There is no particular change in sentencing conditions compared with the original judgment on the grounds that no new sentencing data has been submitted in the trial on the argument of unfair sentencing by the defendant and prosecutor.

In particular, all of the factors revealed in the proceedings of the instant case are considered.

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