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(영문) 청주지방법원 2017.08.11 2016노1434

폭행

Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the above judgment is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. On the day of the instant case, the Defendant: (a) parked his car (LF cattle) in front of the main point of “D” on the day of the instant case; (b) was doing so at (J) and (c) was sitting and drinking at the bar of the said main point; (c) but (d) the Defendant, the Appellant E (hereinafter “Appellant”) was listed on the driver’s seat of the relevant car, and (d) was considered to have been placed on the driver’s seat of the said car, and (e) whether or not the Defendant “

"I am sound and go to her."

It is true that there was a physical conflict, such as that the complainant's words "influence," and the complainant's words "influence," and the defendant gets off from the vehicle.

However, the defendant's behavior was naturally acceptable in light of social norms, and the defendant's behavior was not only when he or she is clicked, but also there is no other fact that he or she assaulted the complainant by other means.

Nevertheless, the court below found the defendant guilty of the facts charged in this case that the defendant abused the complainant based on the police statements, court statements and photographs, etc. of the complainants without credibility. There is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

B. Unlike the above view, even if the facts charged in the instant case were guilty, the sentence (one million won penalty) imposed by the lower court is too unreasonable.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged in the instant case is as follows: (a) the lower court found the Defendant guilty on the sole basis of the complainant’s assertion.

On October 01, 2015, the Defendant discovered that the complainant was guilty of the amount of the Defendant’s LF Soon vehicle in his own vehicle and was on board the driver’s seat in his own vehicle under the influence of alcohol, and that he was in a dispute with 00:20, Cheongju-si, Cheongju-si, Cheongju-si, the Defendant 1 was able to look at the breath, which is the complainant’s hand while the complainant was under the influence of alcohol.