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(영문) 전주지방법원 2013.06.28 2013노161
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. According to the statement of the victim in the summary of the grounds for appeal, the court below found the defendant not guilty of the charges of this case, even if the defendant committed an assault to injure the right side of the victim at the time of this case, and found the defendant guilty of the charges of this case.

2. The court below stated to the effect that the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below's judgment on the assertion of mistake of facts: ① there are some differences between the victim's own testimony at the court below and the police court's each statement at the victim's own trial and the above statement concerning the essential part of the crime of this case that the defendant was pushed ahead of the victim's right right interest; ② G operating "I" which is adjacent to the "C" operated by the defendant, which is the place where the crime of this case was committed, stated to the effect that "I did not know the victim at the time of this case," but G stated to the effect that "I did not know that the victim was the victim at the time of this case's entry "C" and the defendant did not know that there was a possibility that the victim would not know the victim," and "I would like to find out the credibility of the defendant's testimony at the time of the police's statement to the effect that "I would like not know that I would not know that I would know the victim."

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