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(영문) 전주지방법원 2020.07.22 2020노713
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Grounds for appeal;

A. misunderstanding of facts: The Defendant did not display improvement to the victim C with respect to the part concerning special assault in the case No. 2019No. 279 of the judgment of the court below, and there was no fact in relation to the injured part of the case No. 2019No. 1615 of the judgment of the court below, and there was no head and face of the victim E.

B. Unreasonable sentencing: The lower court’s imprisonment (eight months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding special violence, namely, the statements made by victims C and witnesses E are consistent and consistent with each other in major parts, and their statements are partially unclear, but they are old (C is 1933 and E is 1934).

(2) According to H’s statement at the site, in light of the following circumstances, as stated in the lower court’s holding on November 16, 2018, the Defendant appears to have not made an objection to the purport that “A or E has made a false statement at the home to resist the special assault of this case,” and the Defendant did not explicitly deny C’s assertion to the effect that “A or E has made a false statement” in order to resist the special assault of this case. (Evidence 50 pages of evidence record), it is sufficiently recognized that the Defendant’s improvement was displayed toward C. Therefore, this part of the Defendant’s assertion of misunderstanding of facts is not acceptable. In other words, the victim’s statement is consistent with the evidence duly admitted and investigated by the lower court to determine the injury portion, namely, the victim’s statement from the investigative agency to the court below to the date on which the damage was inflicted, and the victim’s statement at the hospital to this case’s credibility and credibility can be acknowledged.”

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