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(영문) 수원지방법원 2018.10.19 2018노3693

특수폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant is only aware of the victim’s side flag part of the victim’s side flag by provoking, and there is no fact that the victim’s face is at the right side of the victim.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 3 million) is too unreasonable.

2. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court can sufficiently recognize the Defendant’s right face part of the victim by displaying Masan as indicated in the facts charged in the instant case, and by making it possible to fully acknowledge the fact that the Defendant had only one-time face of the victim.

Therefore, this part of the defendant's argument is without merit.

① After the occurrence of the instant case, the victim filed a report by phone 112 stating that “any woman’s face her face is prone to a single problem.”

② The victim subsequently stated that the police officer called to the scene that “as a result, the face was sold once to the right side of the Defendant’s friendly acid.”

(3) The statements made by the victim are consistent and reasonable with the contents thereof;

In light of the point at which the instant case occurred, the interval between the time of the report and the police investigation and the time of the investigation, the situation at the time of the investigation, etc., there is little room for false intervention, and trust is high. The Defendant committed assault against the victim’s side flag due to probation. As such, the victim was additionally faced with an additional face.

It is difficult to find reasons for false statements.

④ According to the victim’s photograph taken immediately after the instant case, it is confirmed that a part of the victim’s face face is red, corresponding to the victim’s statement.

⑤ The Defendant asserted to the effect that “the victim had the face clear by her hand entering the house.” However, it is deemed that at the time when the police officer received 112 report and called to the site, the Defendant’s husband and wife and the victim’s husband and wife were still arguing a large voice.