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(영문) 인천지방법원 2020.09.24 2019노4341
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, at the time of the instant case, misunderstanding of facts, was written down on the victim’s body at the time of the instant case, it was only a breath that the victim under the influence of alcohol gets away from the Defendant, frighten and salke, and led up to the Defendant’s breathum, and the Defendant did not assault the victim as indicated in the instant facts charged.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. 1) The judgment of the court below alleged that there was no assault against the victim as stated in the facts charged in this case. Accordingly, the court below affirmed the judgment of the court below that the statement of the witness C and D can be used as a substitute for it, even if considering the de facto marital relationship between the witness, the situation surrounding the crime before and after the crime, and the situation where the defendant and the witness make a statement in a mistake or exaggeration of the relationship under the influence of alcohol, and the fact that the victim abused the victim as stated in the facts charged in this case. 2) The court below duly adopted the evidence and examined the facts of the judgment of the court below, and examined the contents of the evidence and the contents of the crime, and then reported the fact to the police by comparing the victim's defense with the evidence and the victim. Thus, the court below's judgment of the court below is justified as it did not err in the misapprehension of the facts as alleged in the ground of appeal.

Therefore, it is true.

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