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(영문) 서울서부지방법원 2013.04.04 2012노1319
폭행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the factual error and the unreasonable sentencing) did not know the victim D's arms by hand, and did not damage the victim E's entrance door or intrude into the victim E's apartment house, which is the residence of the victim E. The victim's child-care center operated by the victim F, who salves the fry, and fryed the fry, and thereby interfere with the above victim's business, and did not assault the fry in a way that the victim H's platform was walking and walked with the fry and was pushed down with the fry hand, the judgment of the court below convicting each of the charges of this case, which affected the conclusion of the judgment

Punishment (one million won of fine) imposed on the defendant by the court below is unreasonable.

2. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the following circumstances, namely, ① there are several differences in the detailed circumstances in the victim D, E’s investigation agency, and each of the statements in the court below, but D, in the apartment corridor, has been equipped with a child’s bicycle and to install a toy automobile in the apartment corridor, and during that process, the defendant stated that he had carried his two arms by hand and followed it, and consistently made statements from the investigation agency to the court. The victim E has consistently made statements in the process of the dispute between the investigation agency and the court. The victim E also consistently made statements in the process of the dispute between the defendant and the investigation agency. ② The victim E loses or damages its original utility by exercising the power of force of all or part of the objects that constitute the crime of destruction of property damage, and even if there is no minor degree that it does not require damage to the important parts of the objects, D, having a view to the present door owned by the defendant, and sound it.

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