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(영문) 의정부지방법원 2020.12.22 2020노264
폭행
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

misunderstanding of facts and misunderstanding of legal principles are only the victim's right to learn his own neck in order to get out of the right to do so, and there is no assault against the victim, and the victim's statement that seems to correspond to the facts charged is insufficient to believe that there is no consistency.

In addition, even if the defendant exercised the force of force against the victim, it is merely a passive act to escape from the victim's stroke, and thus, illegality is dismissed as it constitutes a justifiable act of Article 20 of the Criminal Code.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case on different premise is erroneous in misunderstanding of facts or misunderstanding of legal principles.

The sentence of the lower court on unreasonable sentencing (the 300,000 won of fine, the 1 year of suspended execution) is too unreasonable.

The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles as to the defendant's assertion of the error of facts and "the summary of evidence" means the following reasons: (1) the victim, after reporting the defendant to the police, was in front of the entrance in order to prevent the defect about to be out of the entrance; (2) the content of the recording of the recording file submitted by the defendant is not verified; (3) the victim's face is likely to have occurred at the time close to the victim's face-to-face when she was flaped; and (4) the victim's learning line seems to have been flaped and increased; and (5) the victim made a statement not consistent and unclear as to whether the victim was the defendant when she was flaped, but the victim tried to leave the entrance.

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