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(영문) 서울중앙지방법원 2014.10.17 2014노3014

폭행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal by the defendant;

A. At the time of mistake of facts, ① the defendant and the victim suffered from their head in the course of a dispute between the defendant and the victim, and the victim did not lose his mind in the wall, and the defendant did not commit an act, such as the defendant's failure to walk the victim's shoulder or walk the victim's shoulder.

② As shown in the facts charged in the instant case, the Defendant’s investigative agency and the lower court’s legal statement are false confessions.

B. Unreasonable sentencing

2. Determination on the grounds for appeal

A. (1) In light of the contents of the Defendant’s statement at the time of a false confession and the statement of witnesses, etc., it is difficult to view the Defendant to have made a false confession at the investigative agency and the court of original instance, and there is no data to support that the Defendant has made a false confession.

(2) According to the evidence duly admitted and examined by the court below as to whether the defendant committed an assault, the defendant was found to have committed an assault by drinking the victim's face once as stated in the facts charged of this case.

(3) All the Defendant’s assertion of mistake is rejected.

B. As to the issue of unfair sentencing, ① contingently commits the instant crime in the process of living in a detention house, ② details of the instant crime and the attitude of the act (the “one-time price” for the victim), ③ the instant case was subject to a disciplinary measure of 30 days in the Seoul detention house as the instant case, ④ the Defendant was sentenced to a 6-month imprisonment in the Seoul detention house on April 25, 2014, and became final and conclusive by this court on the same day as the instant crime, ④ the equity with the case where the instant case was adjudicated simultaneously with the said crime, ⑤ the degree of damage suffered by the victim, ⑥ the degree of injury suffered by the victim, ⑥ the other various reasons for sentencing as shown in the instant argument and the record, such as the Defendant’s criminal records, age and occupation, personality and behavior, family relationship, economic form, etc., it is recognized that the

3. Accordingly, the defendant's appeal is justified.