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(영문) 의정부지방법원 2020.11.26 2020노793
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have a misunderstanding of facts against the victim, and the victim is her own towards the movement organization under the influence of her block, when he or she is drunk.

(b) The imposition of sentence while in active service (six months of imprisonment);

2. The lower court also asserted the same purport as the above grounds for appeal, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of the instant charges, taking into account the following circumstances as indicated in its reasoning, including the following: (a) the victim consistently stated the fact of damage and the motive of false statement cannot be seen as having been found; and (b) the victim’s upper part and upper part and upper parts correspond to the victim’s statement rather than the Defendant’s statement.

On the other hand, the evidence presented as shown in the Defendant’s argument may be proved by the judgment of the court below that the judgment of the court below is correct, and there is no illegality that affected the conclusion of the judgment on the grounds of appeal, such as the grounds for appeal, when the police first asked E about the witness by wire, and E asked E about the facts of witness by wire. The police first responded to the purport that “E is well aware of whether he had drinking on the day of the incident, even though he had drinking on the day of the incident,” and then, it is difficult to recognize the credibility of the statement by changing the statement with the contents consistent with the Defendant’s assertion (E is currently hospitalized at the hospital due to alcohol addiction) and closely comparing the circumstances that the court below made, including the fact that it is difficult to recognize the credibility of the statement (E is being hospitalized at the hospital due to current alcohol addiction).

Therefore, we cannot accept the defendant's assertion of mistake.

3. Determination on the assertion of unfair sentencing is based on the following facts: (a) the Defendant was punished for several violent crimes; and (b) the victim did not recover from damage even though the victim was injured; or (c) the Defendant and the victim are under the influence of alcohol.

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