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(영문) 수원지방법원 2016.08.11 2016노3365
폭력행위등처벌에관한법률위반(상습상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by defense counsel;

A. In fact, although the defendant was assaulted several times by the victims, there was no injury, and there was a fact that he was born at a sacrificing level in order to raise children's wrong living habits, he did not abuse children physically and emotionally.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by convicting all of the facts charged in the instant case.

B. misunderstanding of legal principles (1) The victim B expressed his/her intent not to have the Defendant punished during the police investigation process, but the investigative agency forced the victim and his/her children to make a statement in order to raise the performance of the domestic violence case, and fabricated the statement protocol.

(2) The Defendant was arrested as an offender even though he was not the current offender.

(3) The duplicate of the indictment was served prior to the second trial day of the court below, and the prosecutor applied for the amendment of the indictment before the date of the court below's decision, and the defendant was not deemed to have received the amended indictment prior to the date of the court below's decision, and the amendment of the indictment was permitted on the trial date, and the defense of the

(4) Nevertheless, the court below erred by misapprehending the legal principles as to criminal proceedings by finding the Defendant guilty of all the charges of this case, which affected the conclusion of the judgment.

(c)

In light of the fact that the criminal defendant committed assault against the victim B, that the defendant is unlikely to repeat a crime by consultation with the victim B, that the victim expressed his/her intention that the victim does not want the criminal defendant from the investigation process, that the defendant is currently suffering from alcohol addiction treatment and that the defendant cannot be healthy due to the merger of urology, the sentence of the court below that sentenced the defendant to the order to complete the order to prevent the recidivism of child abuse for 2 years, 6 months and 40 hours is too unreasonable.

2. Determination

A. On the assertion of mistake of facts

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