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(영문) 서울서부지방법원 2017.11.30 2017노1173
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was in possession of the Defendant at the time of the instant case, found the Defendant guilty of the instant charges by misunderstanding the facts and finding the Defendant guilty of the instant charges, even though he had sexual intercourses with the victim C (hereinafter “victim”), there was no fact that he had the face of the victim as a paper of contact.

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

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of fact: (i) the victim consistently reported the Defendant as an assault against D by the investigative agency to the court of the lower court; (ii) assaulted the victim’s face, etc. on the ground that the victim consistently reported the Defendant from the investigative agency to the court of the lower court.

It is stated that the witness, 2. D also examines the face, etc. of the victim by the investigative agency and the court below.

In full view of the following facts: (a) it conforms to the statement of the victim; and (b) the current arrest letter prepared by the police officer called to the scene of the instant crime also includes the following: (c) it is sufficient to recognize the fact that the Defendant committed an assault against the victim as stated in the facts constituting the crime in the judgment of the court below, since it is sufficiently recognized that the Defendant committed an assault against the victim as stated in the facts constituting the crime in the judgment of the court below, on the ground that the Defendant’s assertion of mistake is without merit.

B. In light of the fact that the Defendant denied the instant crime and did not reflect his mistake, there is no change of circumstances that may be considered favorable to the Defendant in the first instance, and other factors of sentencing as indicated in the instant argument, including the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crime, the circumstances after the instant crime, etc., are comprehensively considered.

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