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(영문) 부산지방법원 2020.12.10 2020노1982
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

According to the evidence submitted by mistake of facts, the court below acquitted the victim of the charges of special injury of this case even though the victim's left arms are recognized with a knife knife, which is a dangerous thing by the defendant.

The punishment sentenced by the court below on unreasonable sentencing (six months of imprisonment, two years of suspended execution) is too untile and unfair.

Judgment

As to the assertion of mistake of facts, the court below determined that the evidence submitted by the prosecutor alone cannot be readily concluded that the defendant injured the victim's left arms in a knife, by taking full account of the following facts and circumstances: (a) the "report on occurrence" prepared by the police immediately after the case does not indicate the victim's left arms; (b) there is no left arms part while the upper part of the body is taken; (c) the bodily body and the body of the A (victim) were confirmed; and (d) the victim's diagnosis does not indicate the part on the upper part of the left arms; and (e) the defendant injured the victim's left arms in a knife.

In light of the above circumstances cited by the lower court, ① the victim first testified that he knife the left arms on June 28, 2019, and ② The CCTV images at the time of the instant case showed that the Defendant and the victim were knifeed with knife and knife, and the victim suffered knife on the left arms on the day of the instant case.

In addition, the judgment of the court below is justified in light of the following: (a) it is difficult to eliminate the possibility of suffering from flag and flag, flag, flag, and flag, and (b) it is difficult to eliminate the possibility of suffering from flag, flag, flag, and flag, and (c) the body on the photograph submitted by the victim seems to be flag in appearance and not in appearance in the flag, and there is no error of law by misunderstanding

The prosecutor's above assertion is without merit.

As to the assertion of unfair sentencing.

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