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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal by the Defendant is as follows: ① Simple assault against the Defendant four times against the Defendant, which the Defendant filed against E, (1) on October 6, 2012, E flobbling the Defendant in front of the instant building.
(hereinafter “1 Violence”). (2) E performed the flapsing of the Defendant in front of the C Building on October 8, 2012.
(hereinafter referred to as “second assault”). (3) On October 9, 2012, E performed flating the Defendant’s flat at an office which is the complainant on October 13, 2012, and flating the Defendant’s chest.
(hereinafter referred to as “third assault”). (4) On October 18, 2012, E 13:00, he saw the Defendant’s fat around a public parking lot in the Pharmaceutical Zone, and fatd the Defendant’s fat around the public parking lot in the Pharmaceutical Zone.
(hereinafter referred to as “fourth violence”). The above accusation is true, but the court below erred by misapprehending the facts against the rules of evidence, and 2) did not so.
Even if the sentence of the court below that sentenced the defendant for 8 months of imprisonment is too unreasonable.
2. Determination
A. (1) On the erroneous determination of facts, the lower court determined that, in light of the following circumstances acknowledged by the evidence, E committed an act of disturbance, such as taking the Defendant’s desire at the Defendant’s office, but did not commit an assault against the Defendant, such as subparagraphs 1 through 4.
E was prosecuted for assault Nos. 1, 2, and 4, but the Seoul Central District Court was acquitted on September 17, 2014 in Seoul Central District Court Decision 201Da6756 and the judgment became final and conclusive as it is, and the third assault was not prosecuted.
[Attachment 1 and 2 Violence Part] The Defendant stated in the instant complaint that “E was hump and verbal abuse around October 16, 2012, and was hump and verbally used on or around October 16, 2012; the Defendant dump and hump were dumped on or around October 8, 2012; the Defendant dump and hump were dumped on or around 16:00 on the same day; and the Defendant did not state that E was fumped by the Defendant, such as assault 1 and 2.
In relation to the first violence, according to the defendant's mobile phone calls, the defendant is around 16:49 on the same day.