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(영문) 서울동부지방법원 2019.10.25 2019노466
존속상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When the defendant knew of the fact that the victim had worn a provisional action at the time of the instant case, he removed the provisional action by intentionally making the victim wear the head of the damage, and laid the house on the floor after leaving it. The judgment of the court below that acquitted the defendant of the damage of property is erroneous in the misapprehension of facts.

B. The lower court’s sentence of unreasonable sentencing (the 1.5 million won of a fine) is too unhued and unreasonable.

2. Determination

A. In full view of the circumstances admitted by the evidence duly adopted and examined, the lower court determined that it is difficult to view that the evidence submitted by the prosecutor alone was proven without reasonable doubt that the Defendant intentionally damaged the launch.

According to the evidence duly adopted and examined by the court below, the defendant was found to have damaged his hair while the defendant was fighting the body of the victim and the victim was fighting the body. Thus, the defendant was damaged in a series of processes causing the bodily injury to the victim, and it does not seem that the defendant had the intention of causing the bodily damage, separate from the intention of causing the bodily injury.

For reasons indicated in its holding, the court below's determination of not guilty of this part of the facts charged is just and acceptable, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts as pointed out by the prosecutor.

B. In full view of the grounds for sentencing indicated in the argument and records of the instant case, including the Defendant’s primary offender, etc., the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various grounds for sentencing asserted by the prosecutor, and no special circumstance exists to the extent that the lower court’s punishment is modified.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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