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(영문) 광주지방법원 2017.11.22 2017노3470

폭행등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendants 1) misunderstanding of the facts (Defendant A) (hereinafter “Defendant A”) did not take the scam and shoulder of the victim H, and even if taken, the possibility that Defendant A would have taken the scam on a narrow twit lease and did not intend to do so cannot be ruled out. Defendant A suffered injury by the victim G due to the strike of the Jinju Sck’s disease where Defendant A had taken place.

It is difficult to see that Defendant A was guilty of this part of the facts charged, and the lower court erred by misapprehending the facts, although Defendant A did not have a portable electric link with the victim G.

2) The lower court’s sentencing against the illegal Defendants is too unreasonable.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Determination

A. The lower court’s determination on the Defendant A’s assertion of misunderstanding of the facts is consistent with the following circumstances, which are recognized by comprehensively taking account of the adopted evidence, i.e., (i) the investigative agency took a shoulder franchising, (ii) the Defendant A took two fluories on the wall at which he/she owns, and (iii) he/she took a fluoral flusium, and (iv) G flussium flusium flusium, and flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium.