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(영문) 대구지방법원 2020.10.28 2020노570

폭행

Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant was only a victim who spawns his her bomb in a bomb with the Defendant’s hand, which was the same as a part of the victim, and the Defendant only took the shoulder of the victim over two arms in order to make it inconsistent with the victim. As such, the Defendant cannot be deemed to have abused the victim.

Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous in misconception of facts.

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

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is the president of the Daegu Dong-gu B Senior Family Center, and the victim C (75 years of age) is a general secretary, and there was a frequent dispute about the accounting of the operating expenses of the center for senior citizens at ordinary times. While holding the meeting for operating expenses, there was a lack of appraisal due to frequent disputes. While holding the meeting for operating expenses, the victim was able to file a complaint with him.

On November 11, 2018, around 09:50, the Defendant used the E elementary school playground located in Daegu Dong-gu, Daegu-gu, to see why “she drinks it.” The Defendant used the victim’s body to see “I am dead or dead,” and used the victim’s body in both hands, and used it to cut off in his arms.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

C. Comprehensively taking account of the following circumstances revealed through the records of the judgment of the trial court, the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the defendant assaults the victim as stated in the above facts charged.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, as it found the Defendant guilty of the facts charged.

Therefore, the defendant's argument is justified.

(1) A victim;