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(영문) 대전지방법원 2017.03.29 2016노3753
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misunderstanding the facts, did not assault the victim D by taking the victim D’s parts on a one-time basis.

However, the lower court determined that the Defendant was guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged according to the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mistake of facts, the fact that the Defendant committed assault against the victim by taking the victim’s knife at one time by taking advantage of the victim’s knife as

Therefore, the judgment of the court below is not erroneous as it is alleged by the defendant, and the defendant's above assertion is without merit.

(1) The victim D, at the court of the original instance, when the defendant takes a bath and gets involved in a disability.

The statement was made (52 pages of the trial record) and the investigative agency prepared a written statement stating that “the Defendant had sold to her for drinking (on the left hand) while “the Defendant was she was her for drinking” (No. 10 pages of the investigation record). ② The victim D stated that the Defendant’s hand used to assault the victim D was her left hand, and that the Defendant was her hand, and that it was only L except for L at the time of the instant case.

Although the victim made a statement differently from some facts, he/she directly reported 112 immediately after the accident, and assaulted the police officer on his/her own son with no hand by the Defendant on the part of his/her son.

In light of the fact that the statement was made (No. 1 book No. 1 of the investigation record, No. 6th page of the investigation record), and that the victim D's statement has consistently made about the major crime of the defendant to the court of original trial, the victim D's above statement

③ In addition, at the time of the case, the victim D was also involved.

L is a part of the defendant's title in the court of original instance as the defendant's hand.

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