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(영문) 서울서부지방법원 2014.06.27 2013노44
재물손괴등
Text

The judgment of the court below and the judgment of the court below are all reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. A. 1 misunderstanding of facts and misunderstanding of legal principles in the judgment of the court below (as to the judgment of the court of first instance), although there is no evidence to find that the defendant was in a state of mental disorder, the defendant committed an error of mistake of facts or misunderstanding of legal principles by recognizing that he was in a state of mental disorder. 2) The sentence of unfair sentencing (two years of suspended sentence

B. Defendant 1) Although the Defendant alleged a misunderstanding of facts against the judgment of the court of first instance has committed an assault against the victim H, there is no fact that he/she inflicted an injury on the victim’s right fingers and part of the victim’s right fingers. (ii) The Defendant asserted a misunderstanding of facts against the judgment of the court of second instance only requested H to make a statement as it is, and did not interfere with the perjury, and the content of testimony made by H appeared in the court of first instance on October 31, 2012.

3) The lower court’s judgment’s allegation of unfair sentencing as to the judgment of the first instance on the ground of unfair sentencing (the two-year suspended sentence in October) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court decided to hold the appeal cases of the first and second judgment as a joint hearing. Each of the crimes in the judgment of the court below against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be determined within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

However, the defendant and prosecutor's assertion of mistake is still subject to the judgment of this court, and this is examined.

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

A. The following circumstances acknowledged by evidence duly adopted and examined by the lower court, the lower court and the lower court, and the first instance court, and the content that H sent a customer’s wife at H’s top level as reported at 112 around the time of committing the instant injury, etc.

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