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(영문) 수원지방법원 2016.05.03 2016노1680
상해등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The instant case was committed by the government, and the Defendant did not commit the same crime as the instant facts charged.

Nevertheless, the lower court found the Defendant guilty of each of the facts charged of this case without giving the witness an opportunity to cross-examine, thereby erroneous.

(2) Although the Defendant was in a state of mental or physical loss or mental weakness due to mental illness, etc. at the time of each of the instant crimes, the lower court erred by misapprehending this.

(3) In light of the fact that the defendant suffered from mental illness at the time of each of the instant crimes, and there are circumstances that can be considered in the course of each of the instant crimes, the lower court’s sentence that sentenced three years of imprisonment is too unreasonable.

B. In light of the following: (a) the nature of the instant crime is very poor; (b) the Defendant has no conviction; (c) the victims have not been recovered from damage; and (d) the Defendant has been punished several times for the same type of crime, the lower court’s punishment is too uneasible.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the following circumstances can be acknowledged by the evidence duly adopted and investigated by the lower court (i.e., ① the victims and persons witnessing the scene at the time of the instant case committed crimes, such as the obstruction of duties, injuries, interference with the performance of official duties, assault, damage to property, special injury, and insult of the Defendant, consistently in the investigative agency and the lower court.

The victims make a false statement for the reasons and the circumstances before and after the statement, and the victims make a false statement on the grounds as alleged by the defendant.

The statements of victims are difficult to find objective and reasonable grounds.

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