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(영문) 수원지방법원 2015.01.30 2014노5868

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant involved in the crime paragraph (1) of the same Article: (a) committed an assault by the victim F, i.e., the victim F’s face while keeping the victim’s face closely and continuously. It is difficult to view such an act by the Defendant as an assault under the Criminal Act; and (b) even if the act constitutes assault, it is not illegal as an act within the scope acceptable by social norms. (c) The victim H related to the crime paragraph (2) of the same Article reported that the Defendant and the victim F’s depication were taken, and the Defendant resisted, followed the Defendant by combining the victims, and committed several assaults, such as taking the Defendant’s fat, and taking the Defendant’s fat

There is no fact that the defendant assaultss the victim H or damages the victim H's inner diameter or mobile phone, etc.

B. The sentence of a fine of five million won imposed by the court below on the defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, the facts charged in this case are fully acknowledged in light of the following facts acknowledged by the prosecutor’s evidence submitted by the prosecutor. ① The witness F, H, and I (employee of the apartment management office at the site of the case) of the lower court committed assault by the investigation agency and the lower court at the court, such as: (a) the victim He was exposed to the face of the victim F by drinking at several times; and (b) the victim H was exposed to the floor; (c) the cell phone inside the victim H was deprived of the floor; and (d) the Defendant was informed that the cell phone was taken out by the cell phone; (b) the police officer dispatched to the site immediately after the instant case confirmed the victim H’s inner history and cell phone; and (c) the victim was taken by photographing the victim’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s fating.

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