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(영문) 수원지방법원 2020.05.21 2020노780
폭행등
Text

The conviction in the judgment of the first instance court shall be reversed.

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

The above fine shall be imposed on the defendant.

Reasons

1. The court of first instance found the Defendant guilty of the facts charged of the injury and each assault, and of the assault committed on May 27, 2018, and found the Defendant guilty of the rest of May 25, 2018 and of the assault committed on May 22, 2018 (the spouse of the Defendant).

Accordingly, since only the defendant appealed against the guilty part of the judgment of the court of first instance, the acquittal part in the judgment of the court of first instance became separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction of the first instance court.

2. As to the charge of assaulting May 25, 2018 among the judgment of the court of first instance on the summary of the grounds for appeal, the Defendant did not either d or pushed down as described in this part of the facts charged.

Therefore, the judgment of the first instance court that found the defendant guilty of this part of the facts charged is erroneous in the misconception of facts.

3. Determination on the grounds for appeal

A. On May 25, 2018, at around 23:30 on May 25, 2018, the Defendant: (a) reported that the Defendant returned home with the Defendant’s wife and the victim D (Nam, 20 years of age) who is a child within the Mayang-gu B apartment and C, whose residence is within the residence; and (b) prevented the Defendant from entering the victim by breaking the two arms by interesting out; and (c) committed assaulting the Defendant’s right side of the victim’s right side, such as making one time a knife the Defendant’s upper part of the victim’s upper part of the upper part, making a knife into the right part and the upper part.

B. The court of first instance found the Defendant guilty on this part of the facts charged based on the Defendant’s partial statement, witness E and D’s partial statement in the court of first instance, photograph taken of the damaged part, etc.

C. Article 307(2) of the Criminal Procedure Act provides that “The recognition of facts constituting a crime shall reach the proof to the extent that there is no reasonable doubt.”

Therefore, there is no room for a judge to be convicted in a criminal trial.

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