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(영문) 수원지방법원 2019.05.23 2018노7762

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the facts charged by the lower court (hereinafter “this part of the facts charged”) and C are those who reside in “D building E”, an unmarried mother facility, and the victim B (n, 7 months) are those of C.

On January 13, 2018, at around 09:30 on January 13, 2018, the Defendant laid down the victim's body on the ground that he used head broom in the D Building E in Sungnam-si.

Accordingly, the defendant assaulted the victim.

2. Summary of grounds for appeal;

A. In fact-finding the statement of C, which is the mother of the victim who observed the victim, is consistent, and there is a photograph and a medical certificate which photographs the parts of the victim's body.

The F's statement that did not witness the scene of the assault could not impeachment the credibility of C's statement, and the Defendant stated that C's winter was only the victim in order to make the victim who was inside C at an investigative agency to get the victim who was inside C's body.

According to the above evidence, as stated in this part of the facts charged, the defendant sufficiently recognized the facts of assaulting the victim.

Nevertheless, the judgment of the court below that denied the credibility of C’s statement and acquitted this part of the facts charged, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the amount of KRW 300,000 of a fine) is too unjustifiable and unfair.

3. Determination

A. The judgment of the court below 1 on the assertion of mistake of facts is consistent with C's statement by stating that ① the Defendant was pushed down the victim who was seated by himself, and ② the Defendant was released from the toilet with his her son and her son, and the Defendant was laid up with the toilet with her son and her son was living together with the victim. However, F was made in the toilet with the voice of horse fighting, thereby leaving the victim in the toilet with the victim's lelethy, and the victim was f was kid by the toilet, and the victim was not f was flick, and the victim was not flick with C's statement.