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(영문) 청주지방법원 2021.01.21 2019노1775
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although there was a minor dispute with the victim by mistake of facts and misapprehension of legal principles, Defendant 1 unilaterally did not look at the victim as shown in the facts charged, and limited the face of the victim, so there was no intention to injure the defendant, or a party defense or legitimate act was established under different premise, the lower court erred by misapprehending the facts and by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The lower court’s punishment (two-year community service order 200 hours with six-month suspension of imprisonment) against an unfair defendant is too unreasonable.

B. Prosecutor 1) Although the Defendant, when misunderstanding the facts of the crime as to the victim, committed an injury requiring medical treatment for a total of 21 days by adding up the injury to the victim’s entries in the facts of the crime, the court below acquitted the Defendant of this part of the facts of the crime by misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.

2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.

2. Determination

A. The lower court’s summary of the judgment: (a) determined that the Defendant, in his/her hand, took the face of the victim E, thereby causing the victim to face the unexploded side of the number of days of treatment.

Recognizing this part of the judgment of conviction, this part of the judgment of conviction was found to be insufficient in finding that there was an injury requiring medical treatment for about 21 days on both sides, such as the left side and the front side of both sides, in addition to the face of the victim, by assaulting the parts of the arms and legs, in addition to the face of the victim, and by assaulting the parts of the arms and legs, in addition to the face of the victim.

B. 1) We examine ex officio prior to the judgment on the grounds for appeal ex officio.

In the trial of the court, the prosecutor applied for the amendment of the indictment with the content that the indictment was modified as stated below 2, and this Court.

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