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(영문) 대구지방법원 2020.02.19 2019노4700
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the Defendant did not have committed the following crimes among the facts charged in this case.

1) 2019. 8. 7.자 특수재물손괴 부분 피고인은 과도를 들고 피해자의 집 마당에 갔다가 과도를 냇가에 버리고 사과나무로 강아지를 때렸을 뿐 과도로 강아지의 오른쪽 귀 부위를 찌른 사실이 없다. 2) 재물손괴 부분 피고인은 피해자의 수수를 뽑아 손괴한 사실이 없다.

B. The lower court’s imprisonment (one year and six months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the assertion of mistake of facts: (i) With respect to the destruction and damage of special property, the victim forced the Defendant to unfold and forced the neck lines bound by the Defendant to go to the mast, citing excessive fluences on his hand; and (ii) the Defendant specifically stated the situation at the time of “the Defendant’s act of causing special property damage on August 7, 2019,” (Evidence No. 60, 61 pages)” (Evidence No. 60, 61 pages); and (iii) the Defendant denies the Defendant’s act of causing special property damage on August 7, 2019, but at the prosecution.

8.7.Embry, whether memorys or not.

It is well known that it was in full time a day.

No person shall be memory

“A statement that the situation at the time is within memory (Evidence No. 208 pages), the victim made a report call to the Defendant around 10:23 on August 7, 2019 (Evidence No. 208 pages), and around 10:23, the victim made a report call to the Defendant.” ④ The Defendant denied the part that damaged the water from the investigation agency to this court. However, the victim, while under the influence of alcohol, was unable to use approximately 60 waivers that were given and received in the dry field as his hand by the Defendant.

crebs, crebs and breath.

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