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(영문) 제주지방법원 2016.10.27 2016노68

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining facts, the Defendant requested the victim to repair a motor vehicle from “E” where the victim works, and the victim was able to repair the motor vehicle so that he/she could not have the repair desired by the Defendant, and the victim did not take a bath for the victim. The victim was crypted first with the Defendant, and the victim did not assault the victim.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake, the following facts are revealed: ① the defendant lawfully adopted and examined: (i) the date and time indicated in the facts charged in the instant case; (ii) the victim stated that “the gas adjustment on the day when it takes time, it is possible to repair the vehicle; and (iii) the defendant stated in the instant facts charged that “the victim would not promptly take place if it is accepted; and (iv) the other party’s bomb,” and that the other party’s bomb, etc. can sufficiently be acknowledged in the instant criminal investigation agency to prevent the other party’s bomb when the victim’s bomb was killed and dried; and (iv) the victim’s bomb, which appears to have occurred in the process of making the victim’s bombing on the part of the victim’s bomb, and the other party’s bomb and the other party’s bomb, etc. can be recognized.”