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(영문) 광주지방법원 2016.12.13 2016노477

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of facts, only committed an assault against the victim to catch flaps, but did not keep the victim’s flaps.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. The summary of the facts charged in this case regarding the assertion of mistake of facts is the subject of the judgment of this court as to whether or not the defendant has exercised the force of force separately from whether or not the defendant was assaulted by the victim. As examined below, in light of the statements of E as well as the victim as an objective witness E, the defendant can be found to have committed an assault by breathing the breath of the victim by setting blaps from the victim against it.

Therefore, the defendant's assertion of mistake is without merit.

1) E complied with the time of a dispute between the Defendant and the victim. At the same time, the victim saw that “The Defendant and the victim, who had been suffering from the dispute, fatd in a parking lot as to reconciliation, fatd the Defendant’s bat at the entrance, and at the same time, the Defendant had consistently stated the victim’s bat at the time of the assault and before, after, and after, the time of the assault, and during, the time of the assault, and the method of assault, such as describing the situation at the time when the Defendant and the victim were described as “the Defendant and the victim got out of the back,” and consistently stated that “The victim batdddddd the Defendant’s bat, before and after the investigation stage to the court of the lower trial, and had the victim batd the Defendant’s batch, and had the Defendant batd the bat, and consistently stated that the Defendant

A victim has received a summary order of KRW 70,000,000,000 from September 22, 2015 to a fine of KRW 5585,00,000, for a crime that committed assault to the defendant, such as flapsing, etc. < Amended by Presidential Decree No. 2671, Oct. 28, 2015>