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(영문) 광주지방법원 2021.02.02 2020노2912

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) In relation to the 2020 Highest 3630 case as stated in the judgment below, there was no assault against the victims as described in this part of the facts charged.

2) In relation to the 2020 Highest 3905 case as stated in the judgment below, there was no fact that the victim’s property was damaged as stated in this part of the facts charged.

B. The Defendant was physically and mentally weak at the time of committing each of the instant crimes in such a state as harming memory after drinking due to alcohol addiction and undermining recognition function.

(c)

The punishment of the court below (two years of imprisonment) which is unfair in sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. As to the case of assault, 1) The crime of assault refers to the exercise of physical tangible force against a human body, and it does not necessarily require any physical contact to the body of the victim. Thus, in the case of an act of displaying a hand or an object, as the victim takes a bath near the victim, it was not directly contacted with the victim's body.

In light of the evidence duly adopted and examined by the court below, namely, the police interrogation protocol for AG and the police statement protocol for AG, G, and H, the defendant can be acknowledged that he saw the fact that he she spawed the victims with the poppy and spawed the poppy for the poppy as stated in this part of the facts charged, and in light of the above legal principles, such an act constitutes a crime of assault.

Therefore, this part of the defendant's assertion is rejected.

B. In full view of the evidence duly adopted and examined by the lower court regarding the case 3905, the lower court’s ruling, i.e., the statement, on-site photographs, and estimates, the Defendant sent back the Victim Q Q’s Bows as stated in this part of the facts charged.