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(영문) 서울고등법원 2019.08.29 2019노985
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

(b) the defendant;

Reasons

Summary of Grounds for Appeal

There is no mistake of facts or misunderstanding of legal principles concerning the injury inflicted on the victim.

The record of the J Hospital Association (PPS) shall not be considered as evidence supporting this part of the facts charged.

The victim's statement is not reliable.

B/C stated that the instant case was not memoryd at the time of the instant case.

Therefore, the evidence submitted by the prosecutor alone cannot be deemed to have proved this part of the facts charged without any reasonable doubt.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts or misapprehension of legal principles.

The sentence of the lower court on the ground of unfair sentencing (two years and six months of imprisonment) is excessively unreasonable.

On April 23, 2017, the record book of the J Hospital’s Emergency Center on the date and time of the outbreak and the motive of the injury from the J Hospital’s allegation of misunderstanding of facts or misapprehension of legal principles as to the injury refers to “S/O Stitch Out’s stable operation, removal of sputs.” - The date and time of the outbreak “204 April 16, 2017,” respectively. The fact-finding results of the J Hospital at this court stated that the victim was inside the hospital to remove the spatium on April 23, 2017. However, according to the evidence duly adopted by the lower court, the victim was stated in the 3rd Emergency Center of the 2000 GH on April 16, 2017 that the patient was suffering from the above part of the 3rd Hospital’s emergency hospital’s injury from the 206th Hospital’s 201.

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