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(영문) 울산지방법원 2015.09.25 2015노473
폭행
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be innocent.

Reasons

1. The summary of the grounds of appeal is that the defendant was merely engaged in retailing the defendant's arms and clothes, and there is no fact that flabs of the victim's flab, and the defendant's act was committed against the victim's assault and thus it does not go against social norms. However, the court below erred by misapprehending the facts and misapprehending the legal principles.

2. On May 27, 2014, the Defendant: (a) around 18:00 on May 27, 2014, 2014, the victim B (80 years of age) was in front of the “F” located in Ulsannam-gu E, Ulsan-gu; (b) duplicing the Defendant’s breath and spathing the Defendant’s arms; and (c) duplicing the Defendant’s bat.

3. The direct evidence as shown in the facts charged in the instant case reveals the victim’s investigative agency and the court below’s legal statement, G’s investigative agency and the court below’s trial, the court below’s court hearing and the criminal case’s trial, and the crime scene CD images. In full view of the following circumstances acknowledged by the evidence duly adopted and examined in the court below and the court below, it is difficult to believe that the victim’s and G’s statements are all reliable, and it is insufficient to recognize the fact that the video of the black box was assaulted by the victim’s floth and floth, etc. as indicated in the instant facts charged, and the evidence submitted by the prosecutor alone cannot be recognized.

Therefore, since the facts charged in this case are without proof of facts constituting a crime, the court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment. The defendant's assertion is with merit.

① At the investigative agency and the court below, the victim stated to the effect that the victim did not live in a dubbial, and that the defendant was drinking in a dubbbial and drinking in the victim’s dubial. However, the situation where the defendant was injured in a vehicle boom video where the situation was taken at the time, at all, is the situation where the victim was injured.

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