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(영문) 청주지방법원 2020.01.16 2019노647
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the defendant waiting in the victim's timber and head, but there was no harm by flag by flaging the part of the victim's hand by flag, and there was no assault by flaging the victim by causing the victim with the kitchen knife and having the kitchen knife after cutting the part of the victim's hand, and by taking the kitchen knife with the victim's kitchen knife, the victim did not have any assault. The judgment of the court below which found the defendant guilty of all special injury and special assault among the facts charged in this case on different premise is erroneous by misunderstanding

B. In light of the fact that the Defendant partially committed each of the instant offenses, thereby infringing the Defendant’s mistake in depth, and the victim B agreed with the victim B, and the victim’s even the Korean Land and Housing Corporation did not have any particular problem upon acceptance, the sentence of imprisonment (one year of imprisonment, two years of suspended execution, two years of probation, and forty hours of violence therapy) of the lower court is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below, including each statement in the original judgment, B, the prosecution and the police, the pictures of the victim and the scene of the crime, response to the request for appraisal, internal investigation report (two knife seizure, etc.), and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant, like the facts charged in the special injury and special violence of this case, has committed a minor voice by putting the victim with a gliffe on one hand, and then by putting the victim with a gliffe on one hand, and the fact that the victim had a gliffe with another kitchen in the kitchen which had the glife the above gliffe in the kitchen and brought the victim with a gliffe in the glife of the glife, and the fact that the victim had a glife with the gliffe in the

B. On the assertion of unfair sentencing

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