폭행등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In full view of the fact-misunderstanding or legal principles 1) The Defendant did not have committed assault against the victims, taking into account the following: (a) there was only the victims of the instant assault and their surrounding parties’ statement; and (b) there was only one-half years after the occurrence of the instant assault, without filing a complaint at the time of the instant assault; and (c) there was
I would like to say.
Nevertheless, the court below found the Defendant guilty of each of the assaults in this case. The court below erred in the misapprehension of facts.
2) There is no fact that the Defendant sent the mail as indicated in the charge of defamation to the victim G, and there is no fact that the Defendant sent the mail to the victim G, and thus, the Defendant publicly stated false facts.
It is difficult to see it.
In addition, many members, including the defendant, were in the position of the victim who had been in the position of the vice president of the clan at the time, and the defendant sent the above mail for the purpose of resolving such doubts, which is an act of blocking illegality in accordance with Article 310 of the Criminal Code.
Nevertheless, the court below found the defendant guilty on this part of the facts charged. The court below erred by misunderstanding the facts or misunderstanding the legal principles.
3) The part of the Defendant’s statement did not contain any content that may undermine the social evaluation of the victim’s personal value.
Nevertheless, the court below found this part of the facts charged guilty. The court below erred by misapprehending the facts.
B. The sentence sentenced by the lower court (one year of suspended sentence in April) is too unreasonable.
2. Determination
A. 1) As to the part of the crime of assault against the victim G, the Defendant assaulted the victim as stated in the facts of the lower judgment until the investigation agency and the court of the lower judgment, with respect to the part of the crime of assault against the victim G.