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(영문) 대구지방법원 2020.12.15 2019노4619
특수상해등
Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1’s mistake of facts in the lower judgment is erroneous and adversely affected the conclusion of the judgment by misunderstanding some facts. (2) The lower court’s sentence of unfair sentencing (two months of imprisonment, two years of suspended execution, two years of community service, and order to attend education) is too unreasonable.

B. Prosecutor 1) In the misunderstanding of facts and misunderstanding of legal principles, Defendant B (hereinafter “B”) among the cases of the lower court’s 2019 Go-Ma812

As to the facts charged, as to the defendant A (hereinafter referred to as "A"), who is the victim, recognized that the defendant A (hereinafter referred to as "A") committed some aggressive acts at the time.

In light of the fact that B was guilty of the above facts charged against B, the lower court erred by misapprehending the facts or misapprehending the legal principles on the judgment on evidence, and thereby adversely affecting the conclusion of the judgment, in so doing, the lower court’s punishment against the Defendant A of unreasonable sentencing is unreasonable, as it is so unfair that, in light of the fact that B did not have any hole caused by the inspection and buckbucks, which occurred in the drafting of A, and that B was first engaged in violent acts and did not deviate from the site, etc.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding Defendant A’s assertion of mistake of facts, the above assertion by A and the defense counsel cannot be accepted.

B. The judgment of the court below 1 on the prosecutor's assertion of mistake of facts and misapprehension of legal principles as to the defendant B of this case is difficult to recognize the credibility of Gap's statement, and the injury of A recognized by the injury diagnosis and the damage photograph was caused in the course of assault A, or to escape from unilateral assault by A, in full view of the circumstances shown by the court below, which can be known by the evidence duly adopted and investigated by the original court.

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