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(영문) 서울남부지방법원 2018.05.24 2017노1897

폭행등

Text

The judgment of the court below (excluding the part of the costs of lawsuit) shall be reversed.

Defendant shall be punished by a fine of two million won.

Defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant did not assault the victim.

In addition, the victim's death was discarded, but the victim did not take a knife at that time.

Although it is not clear which the contents of the reason for appeal submitted by the defendant at the trial of the party are what purport the contents of the reason for appeal are, it may be prejudicial to the good, such as the main sentence, when comprehensively considering the contents of the defendant's statement in the original trial and the trial

2. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court found that the Defendant was aware that the Defendant was not dead and discarded while knifeed the victim and knife the victim. However, it seems that the Defendant did not directly knife the knife on the victim.

The victim made a relatively consistent statement from investigative agencies to the court of the court below as to the defendant's body and assaulted by him and her that he saw his death to be discarded.

The victim brought a knife to the investigative agency as to whether the defendant had a knife and knife his knife.

However, in the court of the court below, the defendant did not have a knife and knife any knife, but when the defendant intends to go to himself, he only changed the defendant's knife and knife with his hand when he tried to go to knife.

At the time of the defendant's action, it seems that at the time of the defendant's death, the denial of the defendant was imprisoned by the defendant, and that the defendant was strongly prevented from harming the victim.

The denial of the defendant by the defendant seems to be an act to prevent a larger accident because the defendant was in possession of a knife at the time.

3. The judgment of the court below is correct.