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(영문) 서울남부지방법원 2013.12.12 2013노1449

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The misunderstanding of facts by the Defendant, as stated in the facts charged in the instant case, does not constitute a fact or verbal breath of the victim C, thereby exceeding the victim’s satisf.

As above, the above victim forced the defendant within the ebbbage without any reason, and put the defendant's will with the public interest personnel, and boomed the defendant's upper ebbage in the course of passive resistance.

Nevertheless, the court below convicted the defendant of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's punishment (one million won of fine) declared by the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court on the assertion of mistake of facts, the victim C, the vice president of the Yeongdeungpo Station of the Yeongdeungpo Station of the subway Station of the subway Station of the subway Station of the subway Station of around 08:40 on October 30, 2012, who was urged from the train control room of the subway Station of around 08:40 on the train control room to find out one of the above trains within the train of the subway No. 5571 stopped within the train of Yeongdeungpo Station of the subway station of Yeongdeungpo-gu, which was parked within the train of the subway No. 5571 on October 30, 201. The victim demanded the Defendant to use the train as early as the victim, but during that process, the Defendant had pushed the Defendant's arms and carried the Defendant's arms, and the fact that the Defendant, including the victim, continued to use the bridge to prevent the Defendant from traveling the train of the Yeongdeungpo Station of the Yeongdeungpo Station.