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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2021.01.15 2020노2664
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (as to the special assault against victim F), the Defendant did not have any illness to the victim F.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of facts, namely, (i) the victim F was the victim F in the court of the lower court’s judgment that “The Defendant had a dispute with the former Defendant prior to the instant case, and the Defendant had been drinking with the toilets, such as the rest of the toilets, and the sound emitted from the toilets.”

At the time when the defendant absolutely stated the situation that the defendant does not fall into the floor level, the statement is reliable (73,76 pages of the trial record). ② The victim F expressed his/her intention not to be punished against the defendant before the above testimony, so it is difficult for the victim F to find any motive for the defendant to make a false statement in the court of original instance. ③ The reported contents of 112 immediately after the instant case were to be addressed to the denial of the injury.

There was no mileage, but the disease was broken out.

B. “A change in B. B.” is consistent with the victim F’s above statement (Evidence No. 7 page of the evidence record), and the Defendant, upon receiving a report, stated that “A. B. B. B. A. B. a police investigation conducted after the date of the police investigation (T. 6th page of the evidence record) that “A. B. B. B. L. L.D.’s sound in the toilet and the victim F. B.C. with the knowledge that “A. B. L.D. F.D. was able to go on the floor of the bar,” and “A. B.D.”

Doz. Doz.

“In the body of her body, B is away from the floor by cutting a small-beer’s disease.”

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