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(영문) 대전고등법원 2020.02.14 2019노244

상습폭행등

Text

The judgment below

The guilty part shall be reversed.

No. 1 of the judgment of the defendant

(a) 1, 1-2;

with respect to each of the crimes mentioned above.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles

A. Regarding the crime (Habitual assault) as shown in the table of crime No. 1 attached to the judgment of the court below, the Defendant was the victim of this case, 2018 Gohap531, 2019 Manhap9hap9, and 17 years old. There are P ( South, 15 years old), the victim of the case (i.e., South, 15 years old), and B (ii) refers to "victim"; and (iii) refers to "victim" when specifying P as the victim, it refers to "victim P". There was no assault, and there is no habitual nature of assault.

① Specifically, in the case of crimes listed in [Attachment 1] No. 1 in [Attachment 1] in [Attachment 1] in the holding of the court below, since the date and time of the facts charged is not specified and thus, it is unlawful as it infringes on the defendant’s right to defense, it shall be dismissed. The victim’s statement is not guilty. ② In the case of crimes listed in [Attachment 1] No. 2 in [Attachment 1] in the judgment of the court below (Assault in ZPC bank on October 4, 2016), the victim was not released on the day of the case. ③ In the case of crimes listed in [Attachment 1] No. 3 in [Attachment 1] in [Attachment 1] in [Attachment 3] in the judgment of the court below (Assault E in the middle of August 2017, 2017) and the facts of violence and violence are unlawful, and thus, the victim’s statement is not guilty. ④ In the case of crimes listed in [Attachment 14] in [Attachment 2] in [Attachment 14] in the judgment of the court below.