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(영문) 대전지방법원 2020.06.23 2020노1248
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (1) The Defendant did not commit an injury to the victim by assaulting the victim as stated in the judgment of the court below.

(2) The Defendant, who violated the Punishment of Minor Offenses Act, was in possession of a knife at the time, has a justifiable reason for the purpose of fooding.

B. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.

C. The sentence of the judgment of the court below on unreasonable sentencing ( Imprisonment with prison labor for 8 months and fines of 100,000 won, confiscation) is too unreasonable.

2. Determination

A. (1) As to the assertion of mistake of fact, the Defendant asserted to the same effect as the grounds for appeal in this part of the judgment below.

The lower court convicted the witness D, E, and F of this part of the facts charged on the ground that “The testimony of each witness D, E, and F is reliable, and that it conforms to the above statements, such as police seizure protocol and list, notification to the department in charge of managing the 112 Incident Report, investigation report (reported G telephone communications), telephone recording CD, field photograph, and diagnosis report.”

In light of the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of misconception of the facts alleged by the defendant.

(2) As to the violation of the Punishment of Minor Offenses Act, Article 3(1)2 of the Punishment of Minor Offenses Act provides for the punishment of a fine not exceeding KRW 100,00,00,00, penal detention, or a minor fine on a person who enters a house or other structure with an extension or device that may be used for causing serious harm to the life or body of a person, such as a knife, steel bar, hacksaw, etc., or to intrude into a house or other structure without justifiable grounds.

In full view of the following circumstances, the above evidence can be comprehensively admitted, the defendant conceals a knife (No. 1) that may cause serious harm to a person's life or body without justifiable grounds.

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