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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2020.09.16 2019노5114
폭행치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In regard to a mistake of fact, the defendant only caused the shoulder of the victim to be pushed down one time by hand, and there is no room to make the victim go beyond the floor by fasting the part of the victim's booming the part of the booming the victim's booming the victim's breath, or by bruing the victim by hand to go beyond the bottom of the victim.

Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the lower court may recognize the fact that the Defendant inflicted an injury by assaulting the victim, such as the description of the injury caused by assault among the facts charged in the

Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of mistake of facts as alleged by the defendant.

① 피해자는 수사기관에서 “피해자가 피고인을 막아서자 피고인이 손으로 피해자의 목을 꽉 눌러 피해자가 뒤로 넘어졌다”, “남편이 아기의 등을 밀어서 피해자가 뒤로 확 고꾸라지면서 식탁의자에 팔꿈치와 등을 찧었다”고 일관되게 진술하였다

(2) The victim testified in detail the process of the defendant's failure to raise the victim's objection while turning on the victim's neck, while the victim was aware of the victim's desire, etc. in the court of original instance.

(3) The contents of the written diagnosis of injury submitted by the victim are also consistent with the statements of the victim.

(2) In the event of an examination of the victim's false statement detection devices, the details of the question to the victim are as follows: "The victim has been a person who has a guide to the defendant, and the defendant is injured."

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