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(영문) 울산지방법원 2014.05.23 2013노920
폭행등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

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

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. In full view of the statements made by the public prosecutor (defendant B) and witness A and witness F, the court below acquitted Defendant B on the charge of assaulting A, such as father fat, fating fat, saling, etc. among the facts charged, and acquitted Defendant B on the charge of assaulting Defendant B, there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment. 2) The judgment of the court below on the charge of unfair sentencing (fine 700,000 won of fine) is too una

B. In light of the overall circumstances of Defendant A, the lower court’s punishment of KRW 500,00 is too unreasonable.

2. Determination

A. On November 21, 2012, the summary of the facts charged in this part of the judgment of the prosecutor’s assertion is as follows: (a) Defendant B, within E, the representative of Defendant B, at around 14:25, in Yangsan-si D located in Yangsan-si, assaulted Defendant B’s b’s ebbage and sculp, etc.; and (b) Defendant B, against this defense, committed assault, such as cutting down A’s flaps, and sculing

In regard to this, the court below did not seem to have shown the following facts: Defendant B’s statement made to A’s investigative agency does not contain any content that Defendant B used b’s dubage, and there was no evidence that Defendant B used b’s photograph at the time of the recording, or that the other party used b’s dubage, and it is difficult to view that Defendant B used b’s dubage, and that Defendant B used b’s b’s dubage, and in light of various circumstances, such as the means, degree, and comparative act and means of Defendant B’s b’s dubage, it is a passive defense rather than an active attack, and it cannot be deemed that Defendant B’s act constitutes a justifiable act that does not violate the current illegal infringement of Defendant A’s body or social rules, and thus, it cannot be deemed that this part of the facts charged is unlawful.

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