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(영문) 청주지방법원 2019.10.18 2018노1108
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts as to the act of injury and misunderstanding of legal principles, the defendant merely carried the clothes of the back part of the victim's timber, and did not see the victim's left part due to drinking in the elevator, and the defendant's act did not cause the victim's injury.

Nevertheless, the judgment of the court below which found the victim guilty as evidence of each of the statements and statements in the victim's investigative agency and the court below's written diagnosis of injury.

B. Since there is a misunderstanding of facts as to a false accusation and an assault by the victim of a misunderstanding of legal principles, there is a pain of the Defendant’s shoulder and left-hand straw, it is not a false accusation against the victim.

However, the court below's conviction is erroneous in misunderstanding of facts and misunderstanding of legal principles.

C. The sentence imposed by the lower court (six months of imprisonment, one year of suspended execution, one year of community service, 120 hours) is too unreasonable.

2. Determination

A. On January 2, 2018, the summary of the facts charged is about misunderstanding of facts and misapprehension of legal principles as to the injury. Around January 16:31, 2018, the Defendant, at a “C” private teaching institute in the area of the Defendant’s operation, the representative of the business that was requested to produce the website of the said private teaching institute, and the terms and conditions of the contract (the web-site management education and cost-related problem).

During the dispute as above, the Defendant: “I wish to go back to the representative as you want to go back” refers to “I want to go back to the representative; I left the string of the string by getting her string, I left the back part of the victim by hand; and thereafter, I turned out the elevator to go back to the above office on 1st floor of the victim’s left part of the elevator.

The Defendant assaulted the victim as above, and caused climatic tensions and tensions that require treatment for about two weeks.

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