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(영문) 의정부지방법원 2020.05.28 2018노2985
상해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Error 1) The Defendant was aware of the fact that the vehicle in which the victim was aboard due to the vehicle traffic problems, which led to the occurrence of the driver’s seat by the victim. However, as stated in the facts charged, the driver’s seat closed or the driver’s seat door faced with the victim’sless knee. The Defendant is the victim. The Defendant was unaware of the fact that one bridge of the victim was out of the vehicle. 2) The injury diagnosis submitted as evidence of the occurrence of the injury did not believe it as is, in light of the fact that the injury diagnosis submitted as evidence of the victim’s injury was written by the knee of the parts unrelated to the damaged part, and thus, it is difficult to believe it as is.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On July 14, 2017, around 09:30, the Defendant: (a) expressed the victim’s (hereinafter “the victim’s 47 years of age and female”)’s desire to “Isk for the victim’s first driver’s seat in the vehicle for the victim’s use of the vehicle for the victim’s use of the vehicle for the use of the vehicle that the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife).

B. The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

C. The burden of proof for the facts charged in the criminal trial of the trial for the trial for the trial is to be borne by the public prosecutor, and the conviction for guilt is to be based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true, so that such evidence shall be given.

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