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(영문) 수원지방법원 2016.07.13 2016노1369

특수폭행등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant did not assault the victim as stated in the facts charged Nos. 1 and 2, the lower court found Defendant guilty of this part of the facts charged. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence of the lower court (eight months of imprisonment, two years of suspended execution) that was unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts, namely, ① the victim was faced with the victim’s face due to drinking around July 16, 2015, and the victim went beyond his body due to the above assault, and the head was faced with the visit book.

In addition, around August 21, 2015, around August 21, 2015, the defendant collected the paper bank from the victim, which was frighted by the victim's left hand and frighted by the free urban village.

As “The statement was made, there seems to be no circumstances that make it consistent and different in detail, ② The damaged photograph, which appears to have been taken at the time, can confirm the part of free urban bed in the floor and the part of the damaged person’s arms regardless of the hole in the damaged person’s condition, ③ The victim’s prone son F, who was the victim’s son, was released on July 16, 2015 at around 17:00 and arrived at the house, with both arms and bucks of the victim, bucks, ices, and sucks in the back of the part adjacent to the head, and the victim was cruel in the latter part of the part adjacent to the head, and at the time, in view of the head’s condition.

On August 21, 2015, the sound that became favorable to the light on August 21, 2015 came out of the front door, and the victim gets out of the front door, and the victim gets out of the front door with his hand, and the victim gets out of the port by her hand.