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(영문) 의정부지방법원 2017.05.17 2016노3336
특수상해
Text

The defendant's appeal is dismissed.

The costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the defendant's misunderstanding of facts, although he did not price the victim's Lee Jong-ok as a part of each item. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (one year of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable and unfair (the Defendant and the defense counsel filed an appeal on the grounds of mistake of facts at the first trial date of the first trial of the lower court).

However, the reasons for appeal submitted by the defense counsel are as follows. The reason for appeal, along with the assertion of misunderstanding the facts, is as follows.

“Inasmuch as the purport of “an unfair assertion of sentencing” is stated, it shall be deemed that the grounds for appeal are also included. 2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the lower court’s judgment that found the Defendant guilty is justifiable, on the grounds that the Defendant prices the victim’s Lee Jong-ok as stated in the facts constituting the crime in the lower judgment.

1) The victim, from the investigative agency to the court of the court below, she exceeded her bage with the Defendant on March 23, 2016, and she went to the house of damaged F. The Defendant ran away from her own item, and she went to the house of F. The Defendant she went to go to the house of F. The Defendant, who was driving away from the victim, opened the above visit and she was her boomed with each item.

The defendant who is the victim beyond the victim mentioned in each item was asked to remove the victim's return.

“Statement was made to the effect that the statement is generally consistent and specific to the extent that it is impossible to make a statement without direct experience.

2) In addition, according to the medical records of the government-specific mother hospital of the Silcheon-gun University for the victim, the victim is on the side of this part of this day at the Health Center of the Ministry of Health and Welfare on the day of the instant case.

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