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(영문) 전주지방법원 2015.11.18 2015노726
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding: The defendant does not have abused the victim.

B. Unreasonable sentencing: The sentence of the lower judgment (one million won by fine) is too unreasonable.

2. The judgment of the court below as to the defendant's assertion of mistake of facts also asserted the same purport as the grounds for appeal, and the court below argued that the defendant did not have any circumstance in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim made a statement from the defendant that he had flabbing and assaulted the right eye. The contents of the statement are consistent and concrete, and the witness statement is also consistent with the victim's statement by stating that the defendant had taken flabing down his bat, and that the defendant had taken f, the defendant, and the victim's relation. In light of the F, the defendant, and the victim's relation, there is no circumstance that F had taken the risk of perjury and made a favorable statement with the victim. (3) The defendant did not f did not live in the victim's bat, but this is contrary to the witness's statement, and (4) the victim's bather flabing with the victim's statement.

Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below that it is reasonable to view that the defendant committed an assault in light of the victim's right eye with his left hand while breathing the victim's breath and spathing. Thus, the above argument by the defendant is without merit.

3. The defendant's decision on the defendant's assertion of unfair sentencing does not entirely reflect his fault, and the defendant did not agree with the victim.

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