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(영문) 서울서부지방법원 2016.01.29 2015노883
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to avoid the price of the face of the defendant, the defendant was merely the victim's head head and did not assault the victim.

B. The sentence that the lower court rendered against the Defendant (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. According to the lower court’s determination on the assertion of mistake of facts, the victim saw that “the victim and his/her working person G are fluorly together with the Defendant and drinks the alcohol, and the Defendant made an offright speech to G, and the victim fluords the victim’s face, and the Defendant fluords the victim’s face.

The clearly stated that “.......”

In combination with the defendant, there is a somewhat inaccurate and inconsistent aspect of the victim's statement about the background leading up to the place where the crime of this case was committed, the contents of conversation between the victim and G divided into the defendant, the part and degree of the defendant's assaulting the victim, and the progress of injuring the defendant at the place where the crime was committed. However, "the defendant was faced with the face of the victim."

As to the issue of “the victim’s statement” is consistent from the investigative agency to the court below’s trial, the image of the victim’s face taken immediately after the crime is also consistent with the victim’s above statement. Thus, the victim’s above statement is sufficiently reliable, and it is insufficient to conceal the credibility of the victim’s statement solely on the aforementioned circumstances.

In addition, in the crime of violence, violence refers to the exercise of tangible force against a person's body, and if a defendant exercised tangible force against a person's body, the crime of assault is established immediately, and even if the victim caused such cause, the crime of assault does not affect the establishment of the crime of assault.

The defendant himself recognizes that he was sealed by the head of the victim, and such an act is an exercise of tangible force on the body of the victim.

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