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(영문) 광주지방법원 2015.06.09 2014노2077
폭행
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The defendant does not have any misunderstanding of facts against the victim.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

Judgment

A. The following facts are acknowledged according to the evidence duly adopted by the lower court regarding the assertion of mistake of facts.

1) At the time of the instant case, there was a dispute between the Defendant and the victim, as to whether the victim was fully paying the fraternity money. (2) At the time of the instant case, the victim presented details of passbook transaction, etc. on the fact that the victim paid the fraternity money to the witness F, who was at the time of the Defendant’s single house. However, around that time, the Defendant went to the victim, and thereafter, the Defendant resisted the Defendant to the effect that “the victim was her her son.”

3 The victim took an X-ray photograph at the Young General Hospital on the same day of the instant case, prescribed a drug, and then again issued the injury diagnosis report at the above hospital after the title. The name column of the medical certificate is written as “hyp and right side,” and written as “hypical pressure and little side opinion,” and written as “hypical pressure and side opinion.”

In addition, the lower court’s judgment convicting the Defendant of the instant facts charged on the following grounds: (a) the witness F of the lower court, which can be recognized by the evidence submitted on the foregoing factual basis, was pro rata to the Defendant for three or four years prior to the date of the instant case; (b) there is no possibility that the victim would make a statement unfavorable to the Defendant regarding the situation at the time; and (c) the fact that there is little possibility that the Defendant would have been clicked with the Defendant in a state where the victim was not in contact with the Defendant, and that there is little possibility that

Therefore, the defendant's assertion of mistake is without merit.

B. Determination on the assertion of unfair sentencing

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