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(영문) 창원지방법원 2019.11.27 2019노1901
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Grounds for appeal;

A. Defendant (in fact-finding, misunderstanding of legal principles, and unreasonable sentencing) 1) misunderstanding of facts, or misunderstanding of legal principles (2019Sang 490) or injury: There is no fact that the victim’s face has been taken.

나) 폭행: 피해자 F의 머리채를 잡아끌어 바닥에 찧은 사실이 없다. 다) 특수상해: 피해자 H의 멱살을 잡고 넘어뜨리거나, 위험한 물건(깨진 소주병이나 깨진 사기 그릇 조각)으로 찌른 사실이 없다.

2) The lower court’s sentence of unfair sentencing (two years of imprisonment) is too unreasonable and unfair. B. The prosecutor (the lower court’s sentence of imprisonment is too uneased and unreasonable).

2. Determination

A. As to the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles (the point of injury, assault, and special injury), this part of the facts charged against the Defendant can be found guilty, and therefore, there is no error of law by misunderstanding facts or by misunderstanding of legal principles as alleged by the Defendant, which affected the conclusion of the judgment.

1) According to the testimony of the court below by N in the crime of bodily injury, N appears to have not observed that the defendant had been exposed to the victim's face by drinking (95 pages of the trial record): Provided, however, N stated at an investigative agency that "I have been faced with the front part of D at the time," "I have licked, holeed," (No. 48, 26 pages of the evidence record No. 48, 26) N stated in the court below to the effect that "I have no memory of the victim's body (97 pages of the trial record), but the testimony of the court below was made on July 12, 2019 and was made for a considerable period from March 24, 2018, and in an investigative agency on June 4, 2018, N cannot reject the credibility of the statement concerning the wife's body in the investigative agency alone.

As above, we comply with the victim's statement to the effect that the defendant was at the time of drinking faces.

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