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(영문) 부산고등법원 2020.04.02 2019노629
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the original court (unfair imprisonment for a period of eight months) is too unreasonable.

B. A prosecutor 1) In light of the fact that the victim of a mistake of facts (not guilty in the grounds) made a statement at an investigative agency that "the defendant found the victim's house and opened a door at night on August 14, 2019 and reported it to the police." The defendant made a statement that "I would know about the death of the victim who reported to the police," and "I would go to the police," it is recognized that the defendant suffered bodily injury, such as salute and tension, at the time of making a victim's report on the victim's intrusion on August 15, 2019." Nevertheless, the court below found the defendant not guilty on the part that the defendant did not inflict bodily injury on the victim for the purpose of retaliation, and found the defendant not guilty on the part of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which affected the conclusion of the judgment by mistake of facts, and thus, the court below's judgment of unfair sentencing is too unfair.

2. Determination on the grounds for appeal

A. On August 14, 2019, at around 21:30 on August 21, 2019, the defendant found the victim's house in Busan Dongdong-gu, Busan and tried to open a door, and returned to the police by "I would know that the victim reported to the police, I would have known that he reported to the police." On August 15, 2019, the defendant, around 09:48, when the victim gets out of the house, she moved the victim's chest, which was being used by the victim's house while leading to the floor, and she saw the victim's head, face, kin, kin, and kin for approximately two weeks to treat the victim. The defendant tried to judge the victim's injury, such as salt and tension.

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