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(영문) 대전지방법원 2016.01.08 2015노1237

폭행

Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (1) misunderstanding of the facts and misapprehension of the legal doctrine, Defendant B did not assault the victim A.

2) The sentencing of the lower court’s unfair sentencing (an amount of KRW 500,000) is too unreasonable.

B. Prosecutor (Defendant A) 1 of the misunderstanding of the fact (the part not guilty) Defendant A of the misunderstanding of the fact (the part not guilty) committed an additional assault against the victim B, thereby causing an injury to the victim requiring four weeks of medical treatment.

2) The sentencing of the lower court’s unfair sentencing (an amount of KRW 500,000) is deemed to be too uncomfortable and unfair.

2. Judgment on Defendant B’s misunderstanding of facts and misapprehension of legal principles

A. Defendant B alleged that there was no assault against A, but A was an assault from an investigative agency to the court of the original trial.

Although there are no circumstances to suspect the credibility of the statement consistently, the criminal facts of the defendant can be acknowledged based on the evidence presented above.

B. Examining the comparison with the above judgment records, the above judgment of the court below is justifiable (the above judgment does not affect the above judgment even if the defendant's opinion submitted in the court below was added). 3. The judgment as to the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is that Defendant A assaulted the victim B as stated in the facts constituting the crime of paragraph 1 of the judgment below, and when the victim knee knee knee knee knee knee knee knee knebbbbbs, Defendant A inflicted an injury on the victim, such as a right 3 and 4 weeks on the right-hand knee knebbbs

B. The judgment of the court below 1) Defendant A consistently met the chest from B during the investigation process, and Defendant A stated that he was at the time when he was faced with the chests from B, and that he did not inflict an injury by further assaulting B as stated in the facts charged.

2) B was given testimony at the court of first instance and first price from the Defendant.