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(영문) 대구지방법원 2016.12.22 2016노3707
폭행등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (as to the crime of assault on October 10, 2015, among the crimes of subparagraphs 2016 and 2528 of the original judgment, Defendant 1) committed the following errors of mistake of facts as to the crimes of subparagraphs 2016 and 2528 of the judgment of the court below, as to the charges of assault on October 19, 2015, the injury on October 19, 2015, the detention on October 19, 2015, and special intimidation on June 3, 2016). In other words, with regard to the violence on October 10, 2015, the Defendant did not assault the victim D, and there was no fact of assaulting the victim on October 19, 2015, and the Defendant did not appear to have prepared for intimidation on his or her clothes to the victim on October 16, 2015.

(a).

C. The crime of subsection (a) and each crime set forth in [Attachment 2016] and [Attachment 2528] of [Attachment 2016] and [Attachment 2528] of [Attachment 2016].

It is unfair that the prosecutor (one year and six months of imprisonment with prison labor for each crime of 2016 large group306 and each crime of 2016 large group3122) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, this part of the facts charged [2016 order2528] A] on October 10, 2015, the Defendant, from May 2015 to November 1, 2015, she was aware of the victim D (neither, 54 years old), and the Defendant, on the ground of his/her violent nature, criminal records, etc., was dissatisfied with the victim’s complaint.

On October 14, 2015, the Defendant is in the middle-si, Gyeongsan-si around 14:00.

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