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(영문) 부산지방법원 2015.06.19 2015노1251
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty on the grounds of witness E’s statement and victim’s statement, etc., but it is difficult to view that E’s statement is difficult to believe and prove the Defendant’s assaulting the victim, in light of the following: (i) it is difficult for E to eliminate the possibility that the statement was contaminated in the course of frequent contact with the victim after the occurrence of the instant case; and (ii) it is not consistent with E’s statement in the court of the court below.

Therefore, the judgment of the court below convicting of the facts charged of the assault of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's punishment (2 million won) is too unreasonable, it is too unreasonable.

2. Determination:

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the victim stated consistently in the investigative agency and the court below to the effect that the victim was behind the victim, ② there is no somewhat consistency in the witness E’s statement as to whether the defendant was the victim himself or herself or not, but the investigative agency and the court below consistently held that at the time of the instant case, the defendant Da and her desire were the victim, and the victim was her at the time of the instant case, and the defendant stated to the purport that he or she escaped, ③ the defendant was her mother of the victim, but the head of the apartment management office, who was the apartment management office, on the ground that he or she filed a civil petition related to the apartment representative several times, it can be sufficiently recognized that the defendant abused the victim as stated in the facts charged by the court below.

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