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(영문) 광주지방법원 2020.05.07 2019노808
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the defendant is a whole of having a victim committed a single-time offense, and there is no fact that the victim has been committed several times as stated in the facts charged.

B. The misapprehension of the legal doctrine is a legitimate act or self-defense to avoid assault by the victim.

C. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Among the evidence submitted by the prosecutor for the determination of mistake of facts, the evidence that the defendant had experienced two or more times a victim is not sufficient to state the victim's statement.

However, according to the evidence duly adopted and examined by this court, the victim first reported to the police that "the defendant was spawned down the victim on several occasions with the floor and assaulted the victim on several occasions." At the time of the police investigation, the victim stated to the effect that "the defendant was spawnd three times on three times on the left side and twice on two times on the left side," and that "the defendant made three times on three times on three times on three times on three times on one hand on one hand on one hand on two occasions on two occasions on one hand" was corrected to the effect that "the victim made three times on three times on three times on one hand on one hand on one hand on another on another on another on one hand". The victim stated to the effect that "the victim was spawnized on one on one's own by the victim," and the victim stated to the effect that "the victim was spawnized on one on one's own by the victim and the victim's oral statement to the effect that he was kne."

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