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(영문) 청주지방법원 2018.04.26 2017노1276
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, had raised the victim’s speech and behavior with the victim, and did not see or insult the victim as stated in each of the instant facts charged.

Nevertheless, the judgment of the court below which convicted all of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (700,000 won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. 1) Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and investigated by the court below and the court below as to the act of assault, the defendant sufficiently recognized the facts of assault by the method of taking the victim's sphere, sphere, and sphere by hand while putting the sphere at the time and place indicated in the facts charged.

(1) The victim, at the police court of the original instance, and the trial court of the political party, met with “the victim, entering a bath to the defendant, taking into consideration the rear fenced problem of others, while taking a bath to each other, and taking the victim’s control from the neighboring persons, and was saved with a view to enhancing the words of the victim, at all times.

Since then, the victim first saw the victim as a bath, but the Defendant again 5 to 10 minutes, made a concrete and consistent statement on the background and content of the damage to the effect that “The victim was suffering from a wound that the victim gets beyond the victim’s own will and caused the injury to the victim by taking the victim’s bath again after the victim was able to do so.”

② E andO, an witness, made a statement to the effect that it corresponds to the Defendant’s above statement as to the fact that the Defendant and the victim suffered from her or the victim’s injury.

2) On the other hand, the witness P of the trial party is the witness of the trial court to the effect that “the victim saw that the victim s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/

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