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(영문) 의정부지방법원 2020.01.10 2019노146
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts: Defendant 1: The victim E, first of all, was unable to dupbbbbbbbbb and so it was difficult for the victim E to dupbbbbbbb, and the breath’s hand was humb, without any fact that the victim’s hand was dup, and the victim’s son B and witness F’s statutory statement, etc. are not reliable, and it is difficult to believe that the victim’s injury was issued more than 20 days after the date of the occurrence of the case even after the victim’s injury was diagnosed. Nevertheless, the lower court erred by misapprehending the facts, thereby finding the victim guilty of the injury to the victim. 2) The lower court’s punishment (one million won of a fine) is excessively unreasonable.

B. Prosecutor 1) misunderstanding of facts: A consistently stated the fact of injury from the police to the original trial. This is consistent with the statements and the written diagnosis of injury from E and E, witness F, who is the mother of B, and thus, the credibility of B’s statement may be acknowledged. Nevertheless, the lower court erred by misapprehending the facts, thereby acquitted the Defendant on the injury to B. 2. 2) In so doing, the lower court’s sentence is too uneasible and unreasonable.

2. The following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below with regard to the Defendant’s assertion of mistake of facts, i.e., the Defendant: (a) claimed that the Victim E did not have any flabbbbbage; (b) the Defendant did not have any flabbbbbage; but the Defendant’s statement prepared by the police on the day of the instant case does not contain any flabing or assaulting the victim (6-7 pages of the evidence record); and (c) the witness F of the court below testified to the effect that the Defendant and the victim f did not live together, in light of the circumstance that the Defendant testified to the effect that he did not have a flabbbbage, etc.; and (b) the victim after the instant case occurred.

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