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(영문) 수원지방법원 2020.06.08 2019노270
특수폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the crime of assaulting the victim, but there is an error of misunderstanding of facts or misunderstanding of legal principles.

2. The following circumstances acknowledged by the judgment of the court below and the court below and the evidence duly admitted and examined by the court below acknowledged the facts of assaulting the victim, i.e., the victim's specific statement in the investigative agency and the court of the case as stated in the facts charged of this case (the defendant alleged that there was no fact of assaulting the victim due to a fluor's disease, which is a dangerous object, but the victim's statement in the trial at the trial of the victim's party (the victim was unsatisfyd because the defendant was satisfyd at the time, the victim was unsatisfyd, and the fluor's head was broken out after the defendant was unsatisfyd in his head at the trial

In light of the above facts, the above argument cannot be accepted, and in full view of the fact that the victim’s photograph meets the victim’s above statement, it can be acknowledged that the defendant committed the same crime as the stated in the facts charged in this case.

Therefore, prosecutor's assertion is justified.

3. Thus, the prosecutor's argument is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discrimined Reasons for the Judgment] The defendant and the victim B (inn, 56 years old) are married couples.

1. Around November 2, 2018, the Defendant tried to shoulder E, a locked child, at the living room of Ansan-si, Sinsan-si, a member of the Defendant and the victim’s house, and the victim prevented it, and the victim took a bath to “the same age as a woman and human garbage year” against the victim, and the victim gets her hand her body by cutting down the part of the victim’s right hand hand, with his hand, and pushed down the victim’s body.

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