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(영문) 대구지방법원 2018.05.31 2017노5292

특수폭행등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the crime Nos. 1 and 3 of the facts constituting a crime (as to the crime of paragraphs (1) through (3) of the lower judgment, the Defendant did not intimidation the victim or assault the victim due to a fluoral disease.

Criminal facts

With regard to paragraph 2, the telephone carrier was on the floor and did not throw the victim.

2) The sentencing of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. The lower court, based on its stated reasoning, found the victim’s statement credibility as to the Defendant’s assertion of mistake of facts.

Next, according to the evidence examined by the court below including its statement, the defendant can be found to have committed a special assault, assault, or special intimidation as stated in paragraphs (1) through (3) of the facts constituting the crime of the court below.

The decision was determined.

In full view of the following circumstances admitted by the court below based on the evidence examined by the court below, the above judgment of the court below is just, and there was no error by mistake of facts and thereby affecting

A. Regarding the facts of crime Nos. 1 and 3, the victim consistently stated the following facts from the investigative agency to this court.

Criminal facts

Section 1. The defendant in relation to paragraph 1 has drinking alcohol

In addition, in the future, the defendant breath 2 bottled breath, and the victim breath breath breath.

The victim divided the dialogues between the Defendant and the Defendant that the Defendant would be able to live separately due to her mother and her mother, and the Defendant was married. While the victim was waiting to sit at a bus stop, the victim was waiting to sit at the bus stop, but after the locking, the Defendant was able to move to the victim.

So-called So-called "satisfying," and the extent of 1/3 of the satisfy's disease, and the satum.