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(영문) 서울중앙지방법원 2017.10.20 2017노2787
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)

A. Although the statements made on the part of the victim 1 do not coincide in some detailed parts, it is sufficient to acknowledge the guilty of the instant charges, taking into account the following: (a) the overall content of the statements made on the part of the victim 1 is consistent; and (b) the victim reported to the police at the victim’s side; and (c) the victim received medical treatment at the hospital due to pain, such as head and arms, etc.

B. The facts acknowledged by the Defendant himself, namely, that is, the Defendant’s act of raising the victim at the time of the instant case to the extent that it goes against the socially accepted rules is sufficient to regard the Defendant as violence.

2. Determination:

A. Examining the evidence in light of the record as to the argument Ⅰ, a thorough examination of the evidence of this case in light of the records, it is justifiable to have acquitted the victim and F on the ground that the statement of the victim and F, who seem to conform to the facts charged, is not consistent and mutually contradictory, are insufficient for the first instance court to find the defendant not guilty on the ground that there is no proof of a crime, and contrary to the prosecutor's assertion, there is an error of mistake in the judgment of the first instance court as alleged otherwise by the prosecutor.

subsection (b) of this section.

The argument I is without merit.

B. As to the argument II, the first instance judgment as to the claim "A victim was drinking at the lower room of the above office under the influence of significant alcohol at the time of the instant case."

It is difficult to conclude that the Defendant’s act violates social rules in light of the context, purpose, means, degree, etc. of assault, even if the Defendant, in order to restrain the victim, unilaterally, made a demand to leave the office by unilaterally continuing his/her motive to the E, the Defendant, etc.

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