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(영문) 서울중앙지방법원 2018.05.24 2017노4474
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, at the time of the instant case, was merely flaging the victim’s clothes, and did not assault the victim’s breath by breathing the breath as indicated in the facts charged.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. 1) Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant’s assertion of misunderstanding of facts can be fully acknowledged as constituting the victim as shown in the facts charged.

① The victim, from the investigative agency to the court of the court below, had the victim intentionally misunderstanding that the victim intentionally fluorizes his her flusium, and flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium.

② At the time of the instant case, the Defendant recognized the fact that the Defendant was able to catch the victim’s clothes, and also stated the statement prepared by the Defendant’s wife accompanied by the Defendant, that the Defendant was a person who was on the side of the Defendant’s hand to wear clothes (No. 47 pages of the evidence record). Therefore, the lower court’s judgment that found the Defendant guilty of the instant facts charged is justifiable, and there was no error of misconception of facts as alleged by the Defendant, as otherwise alleged by the Defendant.

This part of the defendant's assertion is without merit.

B. There are favorable circumstances for the defendant, such as the fact that the defendant has no history of punishment exceeding the past fine, the health of the defendant is not good, the support of his children is being mixed, and the degree of violence is not heavy.

However, many people use together.

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