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(영문) 수원지방법원 2016.10.07 2016노2662

폭행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s victim only prevents the victim’s chest from harming the victim’s chest in order to prevent the Defendant’s booming along with his/her tables and to ensure the safety of his/her father and the victim. Therefore, it constitutes self-defense.

However, since the court below found the defendant guilty of the facts charged of this case, the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the defendant's assertion of mistake of facts, the defendant was living separately with his wife and tried to find D as his father, who was living with the victim. The victim, from the investigative agency to the court of the court of the court below, stated that "I want to contact with his wife late, and I want to go to go to the school, and I want to go to go to her husband, I want to go to go to her, 2 to 3 times the victim's chest due to the defendant's hand, and the above statement was consistent and concrete, 112 reports were made to D, who was not the victim, and that "I want to go to go to the victim immediately before and after the crime, because I want to get the victim informed of the above circumstances," and that "I want to get the victim's motive and circumstance to be found during the crime to be safe before and after the crime."