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(영문) 서울북부지방법원 2017.08.22 2017노953
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (related to Paragraph 1 of the crime of the judgment below) of the victim E is true, but there is no fact that the victim's head was satisfeed with the hand floor or the face of the victim was taken.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. In light of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of facts, the Defendant is determined to have received the victim’s face with his/her head at his/her hand and her head.

Therefore, the defendant's assertion of mistake is rejected.

(1) The aggrieved person, from the investigative agency to the court of the court below, shall not smoke in this context from the Defendant, B, who was a customer at his office, and the Defendant, B, who had tobacco from his office, to the court of the court below.

“At the same time,” and the Defendant, “I have been known”

C. The Defendant stated that he was faced with 10 head at the floor of Dabro and fat, and that he was faced with her face by her head.

The above statements of the injured party are specific and consistent and are highly reliable.

(2) A victim first speaks to himself/herself by an investigative agency.

It is argued that the above argument is true, but it is sufficient to view that the defendant is a motive to assault the victim.

Furthermore, the Defendant was tightly pushed the victim's chest once.

As stated, it seems that the fact that the victim's physical force is exercised is recognized.

③ K had been drinking from the investigative agency to the court of original instance at the time of the instant case, and it was her to see that the Defendant was crypted with the victim, and that the Defendant was crypted.

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