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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2019.08.22 2019노403
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty on the sole basis of the victim’s statement that the Defendant abused the victim’s flaps.

B. The court below did not take into account the fact that the defendant abused the victim under the condition of mental or physical disability or mental disability.

C. The sentence imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts reveals the following circumstances acknowledged by the evidence duly adopted and investigated by the court below. ① The victim reported 112 to the effect that the defendant s/he will take a bath and play fat of the victim's fat, that is, the police officer called the victim's fat at the seat upon receipt of the report, specifically explained the defendant's fat at the victim's fat, and prepared a statement to the effect that the defendant would have been punished for 5 seconds and bat at the victim's fat at hand. ② The arrest letter prepared by the police officer D upon receipt of 112 was the time when the defendant was sent. ② The arrest letter prepared by the police officer D upon receipt of 112 stated that the defendant was fatd, and the victim was arrested the defendant as a flagrant offender. The investigation report on telephone conversations with the police officer was arrested when the defendant was arrested, but the victim did not accept the defendant's fat at the time of the investigation.

Therefore, the defendant's above assertion of mistake is without merit.

B. The judgment of the court below on the appeal of mental or physical disability is recognized by the evidence duly adopted and examined.

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