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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.06.23 2017노339
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The knife that the Defendant was unaware of the fact was not submitted as evidence, and the victim’s statement is not consistent, and it is difficult to believe that the Defendant committed the instant crime even if the first reporter’s statement was made, it is unclear whether the Defendant committed the instant crime. As such, the instant facts charged constitute a case where there is no proof of a crime, and thus, not guilty should be pronounced.

2) The sentence of the lower court’s improper sentencing (two years of imprisonment with prison labor for six months, two years of probation, and eight hours of community service order) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too uneasible and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court can recognize the fact that the Defendant inflicted an injury on the victim by putting a knife, which is a dangerous thing. Therefore, this part of the Defendant’

① The victim, from the investigative agency to the court of the court below, consistently consistent with the victim’s own right, brought a knives on the other side of the victim’s left side at the same time, and brought about the victim with the victim. The victim stated to the effect that the victim attempted to defend himself/herself, i.e., the last part of the left side of the knives (20 pages of the investigation record, 106-107 pages, and 49 pages of the trial record).

/Sgd./ 119 also has been called to the Do, / A deadly weapons

T./C./C./Sgd./

The police report was received (128 pages of the investigation record), the defendant was arrested as the current criminal at the scene of the crime of this case, and the victim at the time was arrested as the victim at the scene of the crime of this case (15 pages of the investigation record, 10 pages of the trial record), and the police dispatched by the victim to the scene of the crime of this case, stating that "the defendant was assaulted by him and knife him without any justifiable reason" (10 pages of the trial record).

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