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(영문) 부산지방법원 2020.11.26 2020노814
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the statements made by the victim of mistake of facts, statements made by witnesses in investigative agencies, etc., the defendant can be recognized as having inflicted bodily injury on the victim's flaps and damaged the victim's body.

Nevertheless, the lower court rendered a not-guilty verdict on this part of the facts charged on different premise. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of unfair sentencing (two years of suspended execution in August, and twenty hours of probation, and violence treatment lectures) of the lower court is too uneasible and unreasonable.

2. Determination

A. On November 18, 2018, the summary of this part of the facts charged is as follows: (a) the Defendant, on the ground that around 11:00 on November 18, 2018, the Defendant was able to get out of the F located in the Busan Northern-gu, Busan, and was injured by the shoulder sponsoring the left sponsor for six weeks of treatment; (b) the lower court determined that “A witness who had observed the situation at the time” refused to testify in the Hancoco court; (c) the Defendant contacted with witness and obstructed the witness and investigative agency’s statement by taking advantage of the fact that the Defendant was guilty during the period of repeated crime; (c) it is difficult to readily conclude that the Defendant was guilty of having inflicted injury on the victim as stated in this part of the facts charged; and (d) it is difficult to readily conclude that the Defendant was guilty of having inflicted injury on the victim beyond the body of the Defendant and the evidence duly submitted by the prosecutor beyond the body of evidence and evidence.

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