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(영문) 대구지방법원 2018.01.19 2017노1890

The defendant's appeal is dismissed.


1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendant guilty of the charge of this case, which affected the conclusion of the judgment, is erroneous by misapprehending the facts, although the Defendant did not inflict any injury on the victim C.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. 1) Examining the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court, the motive and background of the instant crime, the method of committing the instant crime, and the degree of assault, etc., in full view of the following circumstances, it can be sufficiently recognized that the Defendant was able to take the victim’s seat belts by two descendants to prevent any defects that the victim would have attempted to get out of the place of the victim, and that the Defendant sustained the victim’s bodily injury, such as the catus batum, cats, and tension.

① At the time of the instant crime from the investigative agency to the court of the court below, the victim made consistent and specific statements with regard to the Defendant’s act, the victim’s side and response, the situation before and after the instant crime.

② The Defendant recognizes the fact that he himself gets the victim’s seat belts.

③ The Defendant asserted that the victim tried to get out of the place and asked questions to the victim. However, there was a dispute between the Defendant and the victim, and the victim sought to keep out of the place of the Defendant, it was possible to prevent the male victim from holding out, merely by the female Defendant, in the situation where the victim tried to keep out of the place of the Defendant.

It is difficult to see, and rather, to stop the victim's occupation, it is difficult to see that the victim committed an act such as cutting down or pushing down the victim's boom by exerting considerable power to do so.

It is natural to view it.

2) Therefore, the court below is just in finding the Defendant guilty of the facts charged of this case.