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(영문) 대전지방법원 2014.12.17 2014노2254
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (the factual error and inappropriate sentencing)

A. The Defendant, at the time of the instant case, erred in the misapprehension of facts by misunderstanding the facts, even though he did not assault the victim as stated in the facts charged, even though he did not assault the victim, at the time of the instant case, at the time of the announcement room of the victim and the Defendant.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant's assertion of mistake of facts is not accepted, since the defendant could be recognized as having committed assault and assault in several times by taking advantage of the victim's head at the time of the instant case.

1) The instant case was investigated by filing a report with the police that “the victim was harasy,” and the victim reported to the police that “the victim was harasy,” and the victim expressed that the victim was 3-4 times in drinking while drinking alcohol at the investigative agency, with the Defendant’s public notice source, and the victim was her head at the time of drinking 3-4 times in drinking, and her head was her head twice in drinking panty with the scheme (11 pages of the evidence record), and then the victim stated that the clothes were teared (11 pages of the evidence record), and there seems to be no reason for the victim to make a special statement. 2) According to the photograph (Evidence No. 10 pages of evidence record) taken the victim’s appearance at the time of the instant case, the victim can be confirmed that the form of the victim was teared, such as the victim’s statement.

3. On the other hand, while consistently denying the fact of assaulting the victim, the Defendant stated that “I have drank about 10 math of math of math of math of math of math of math of math of math of math of math of math of math.”

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