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(영문) 서울중앙지방법원 2020.06.02 2019노4089

폭행

Text

The defendant's appeal is dismissed.

The litigation costs of the original judgment and the party deliberation shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case by misunderstanding of facts and misunderstanding of legal principles that the defendant did not assault the victim without credibility despite the fact that he did not assault the victim. The court below erred by misapprehending the legal principles and thereby adversely affected the conclusion of the judgment.

B. The court below's decision on the grounds of unfair sentencing (the fine of 500,000 won) declared by the defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim made a concrete statement about damage and E at the time of witnessing this case, the court below determined that the facts of assault, which are the facts charged of this case, can be fully recognized. 2) The following facts and circumstances acknowledged by evidence duly adopted and investigated by the court below, i.e., (i) the victim’s speech or behavior within the main point of drinking alcohol (hereinafter “the victim’s drinking alcohol”), and (ii) the victim made a statement to the effect that “the victim was frighting his hair to the defendant from the main point of the instant case before the main point of the instant case,” and thereafter, the victim’s statement to this effect is consistent with the facts charged of this case, and this is consistent with the court below’s investigation agency to the date of the instant investigation, until the witness’s memory at the scene, and it is not consistent with the victim’s memory at the time of the instant case’s appearance and behavior.