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(영문) 서울서부지방법원 2019.07.04 2018노1336
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) During the process of keeping the victim's body in the process of suppressing the victim's body in order to prevent the victim's conduct during the marital fighting, there is no fact that the victim's neck was tight, as stated in the facts charged. 2) The defendant's act is a passive defensive act, which is not contrary to social norms or social rules, and thus is dismissed from illegality.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. 1) In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, the appellate court shall respect the first instance court’s decision as to the credibility of the statement made by the witness unless there are exceptional circumstances to deem that the first instance court clearly erred in the credibility of the statement made by the witness (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The lower court directly examined the victim, and acknowledged the credibility of the testimony, and found the defendant guilty of the facts charged in this case. In full view of the victim’s statement, recording, recording, and photographs at the scene of the crime, etc., the lower court did not appear to have clearly erred in the determination of the credibility of the testimony. In so doing, the lower court did not err by misapprehending the victim’s statement and recording as stated in the facts charged. 2) In addition, the lower court rejected the victim’s oral act of assault and assault (the victim’s oral act of the Defendant, i.e., having dieded the victim’s face without considering social norms.

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