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(영문) 서울중앙지방법원 2013.07.18 2013노1647
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. misunderstanding of facts: (a) while the Defendant passed the alleyway, and the victim F and the shoulder f, who f and felbed with drinking, drinking, drinking, unbrupted and ging, committed assault against the victim F once; (b) thereafter, the Defendant was unilaterally faced by the victim G and E, etc., the victim F, who was the victim F, and the report was made by a general citizen who had observed the situation where the Defendant was unilaterally challenged; and (c) the content of the victim G’s injury cannot be deemed to be the injury caused by the Defendant’s removal by asking the victim, G and E, etc., which were difficult to believe, and the victim’s injury diagnosis certificate issued at a hospital located far away from the victim’s residence on January 9, 2012, was adopted as evidence. Accordingly, the lower court erred by misapprehending the facts against the rules of evidence.

B. The lower court’s sentencing, which sentenced G to the same amount of fine (1.5 million won) as the summary order even though there was a change in the situation by stating that G does not want punishment against the accused among the victims of unfair sentencing, is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. The following circumstances acknowledged by the evidence duly adopted and examined at the court below as to the assertion of mistake of facts: (i) victim F, G, and E walked from the investigative agency and the court below at around 00:00 on January 7, 2012 at the court below, the victim E and the defendant shouldered with each other, making the victim E and the defendant shouldered. The defendant was at the victim E's face of the victim E, the defendant was at the drinking price of the defendant, making the victim F, who was the victim E, who was the victim walking, and the defendant was at the time when the victim E, who was the victim who was walking away, was frighted after leaving the victim E, and the defendant was frighted during the process of spreading the victim E and G coming from continuous driving.

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