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(영문) 서울중앙지방법원 2018.04.12 2017노3299

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, by misunderstanding the victims, has slicked the victims in a shuttle bus and slicked the victims, and did not assault the victims.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. 1) On the assertion of mistake of facts, the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the court below, namely, the CCTV Defendant, which was recorded at the time of the instant crime, was installed inside the shuttle bus indicated in the facts charged that the CCTV Defendant was driving.

According to the video (which is attached to No. 61 of the evidence record, the contents the victim submitted by the defendant are the same as the video as the video of No. 1 of the evidence) the victims were seated behind the shuttle bus, and the victims were sleeped, sleeped and slicked, and the victims were sleeped after the defendant stopped, and when the victims were sleepd with the victim's head during the process of the victim's sleep, the victims were flicked, and then the victims were flicked when the defendant fell from the shuttle bus in order to return to the driver's seat, and the victims were flick back to the seat of the victims, and the victim's body was pushed, slicked, slicked, and slicked by the victim's head at the court of original instance. < Amended by Presidential Decree No. 20600, Feb. 4, 2004>

“The Defendant was at bar from first tending, and then was later listed.”

The victim E made a statement "," and the victim E was at the time of the defendant's head with his own head and drinking.

".......... the Defendant fran the bat of the victim D and flaps of the victim F.