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(영문) 수원지방법원 2018.10.26 2018노5196

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there is a possibility that the Defendant, at the time of the instant case, misunderstanding of the fact (the part concerning the crime of assault) could have caused the victim’s scam during the process of scaming and scaming the scam of the victim, there is no fact of scam of the

However, the judgment of the court below that recognized the defendant's breath in addition to the breath of the victim's breath and the breath of the breath.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. The following circumstances revealed by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: (i) the victim made a relatively consistent statement from the time when the police reported 112 by the victim was called for the first time to the court below, to the point that the victim was able to blickly and pushed the victim's right hand at the time of the instant case; (ii) the victim's statement on the circumstances and contents of the instant crime is considerably specific and natural, and the victim's statement on the circumstance is reasonable; (iii) there is no additional evidence to dismiss it; and (iv) there is no reason to view that maintaining the judgment of the court below is considerably unfair because there is a clear error in the determination of evidence as to the victim's statement; and (iii) the defendant also recognized the fact that the victim was flickly boomed or walked with the victim's head at the time of the instant case to the court below; and (v) there is also a possibility that the victim might have damaged the victim's body at the time of the instant crime.

Ultimately, the lower court found the Defendant guilty of this part of the facts charged.