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(영문) 서울중앙지방법원 2018.12.07 2018노967
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of the fact that the victim’s bridge and chest are tight with a container for parking prohibition.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. The victim D of the assault on the assertion of mistake of facts stated to the effect that “the defendant has a fact that he was closely involved in the bridge and chests several times in contact with the investigative agency to the court below.” The victim E made a statement to the same purport at the investigative agency and the court below at the time of witnessing the scene, and the court of the trial testified to the effect that “at the time is old and memory is not well, but the defendant reaches the victim D, what he is the defendant,” and the victim E gives testimony to the effect that “the victim D, what he is the defendant, has a burden of perjury.” The victim E appears to have no special reason to make a false statement by holding the burden of perjury. The location where the victim E is living is not the right, but the victim E is the left side, and the above window is not the window, and the victim E does not have a window, and the victim E appears to be sufficiently aware of the fact that he testified through the above window and the dyke in the court of the trial.”

B. The Defendant is acknowledged to have led to confession and reflect on the damage of property during the instant crime, and agreed with the victim E, and the Defendant has no record of criminal punishment in the past.

However, the defendant assaults the victim D due to a minor problem, and the nature of the crime is no longer good, such as destroying the vehicle by gathering objects on the vehicle and destroying the vehicle, and there is no agreement with the victim D. Unlike the fact that there is no special circumstance or change of circumstances that can be considered newly in the appellate court, and the age, sex, etc. of the defendant is committed in the appellate court.

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