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(영문) 청주지방법원 2017.06.15 2017노165

특수폭행등

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of special assault as stated in the judgment of the court below, Defendant A 1 did not have a fluorial fluorous flusium C with a flusor, and the Defendant did not have a flusort

Therefore, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the prosecutor’s misunderstanding of facts (defendant B and C) can sufficiently recognize the fact of joint assault between Defendant B and C.

Therefore, the judgment of the court below which acquitted the above defendants of this part of the facts charged and dismissed the prosecution of each of the above defendants' assault contained in the facts charged, is erroneous in the misapprehension of facts and affected the conclusion

2) Improper sentencing (as to Defendant B), the lower court’s sentence (as to the penalty amount of KRW 12 million) is too unhued and unreasonable.

2. Determination

A. 1) Determination of the Defendant’s assertion of fact-finding is based on the evidence duly adopted and investigated by the lower court, i.e., the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, i.e., the victim C, immediately after the instant case, stated to the same effect as the facts charged, i.e., “The Defendant was able to take a bath to himself and herself while she was in a dispute with himself/herself on the ground that she was not immediately aware of his/her tobacco, and her money was not immediately paid,” and the victim C expressed in the lower court’s trial to the same effect as stated in this part of the facts charged.

“Although the Defendant stated to the effect that it was “,” the Defendant was fluored with the chair in the process of disputing with C, and was shouldered by C by hand.