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(영문) 대전지방법원 2020.02.13 2018노1850
상해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal: misunderstanding of facts and unfair sentencing;

A. The Defendant does not have inflicted any injury on the victim as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On December 1, 2017, the Defendant, around 01:15, was dissatisfied with the instant facts charged by the Defendant, at around 01:15, the Victim D (the 37-year-old age) in front of the Cju branchr in Seosan-si B, and the Defendant was dissatisfied with the instant charges. Around 70 days of medical treatment, the Defendant was injured by the Defendant, such as the victim’s horse knee and kneeing the horse knee, etc.

B. In light of the following circumstances acknowledged by the record, i.e., ① the E’s investigative agency and the court of original instance’s statement in the following circumstances: (a) it is difficult to view the statement in the investigation agency and the court of original instance as evidence to support the facts charged of this case as follows: (b) the victim stated in the investigative agency and the court of original instance that “the defendant is kneeing with no knee,” and (c) it is difficult to believe the victim’s statement corresponding to the facts charged of this case in light of the following circumstances: (a) there is no experience or knee in the case of a knee resulting from the victim’s knee price-free knee; and (b) there is no knee in the case of the victim’s knee-free kne-free kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-ker’s.

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