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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2019.07.04 2018노823
특수상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts did not have inflicted an injury on the victim D by making the victim’s head or having the victim’s left face one time due to a shouldered so on. Nevertheless, the judgment of the court below which found the Defendant guilty of a special injury among the facts charged in the instant case is erroneous in misunderstanding of facts. 2) The sentence (one year of imprisonment) sentenced by the court below of unfair sentencing is too unreasonable.

B. The sentence imposed by the Prosecutor (one year of imprisonment) is too unhued and unreasonable.

2. The following circumstances acknowledged by the court below's legitimately adopted and investigated evidence of the victim's assertion of mistake of facts, namely, ① the victim's statement does not seem to be in a particularly contradictory situation or inconsistent with the empirical rule, and the victim seems to have no motive to dismiss the defendant; ② the victim's head head head's upper part appears to be a window or a window by an unexpected material, and the left face is seen to be a window or a window by an unexpected material. This corresponds to the contents of the defendant's injury as stated in the facts charged, ③ considering the victim's upper part, it is difficult to see that the victim's injury was inflicted on himself, and there is no special reason to do so, ④ the defendant appears to be unable to properly memory the situation at the time of the police investigation (the defendant cannot be found to be guilty of mistake of facts, considering the fact that it is consistent with the contents of the defendant's injury as stated in the facts charged.)

3. The trial-oriented principle and the direct principle are taken on the assertion of unfair sentencing by both parties.

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