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(영문) 서울북부지방법원 2017.04.27 2016노2655
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of assault in each of the facts charged in this case, the court below convicted the victim of the crime of assault since the victim spits or spits the victim or spits the victim's face, and since the victim's head was sealed with respect to the crime of assault in this case, the court below convicted the victim as the crime of assault. The court below erred by misunderstanding the facts,

B. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. The following circumstances acknowledged by the evidence duly adopted and examined in the court below and the court below's decision as to the assertion of mistake of facts: ① The victim spit the victim's face with the victim's face in the investigative agency and the court below's trial; ② the victim submitted a recording file (Evidence No. 22) to an investigative agency after recording the recording using cell phones at the time of the instant case; ③ The defendant, who was spiting the victim's face with the victim's face; ② the victim was spiting the victim's face with the victim's face; ② the victim submitted the recording file (Evidence No. 22) to the investigation agency; ③ The above recording file is almost consistent with the victim's statement at the time of hearing and hearing the above recording file; ③ On the other hand, the defendant argued that "the victim was trying to get the victim's head first in dispute (the investigation record No. 131)", but the defendant did not receive any report from the police officer first at the time of the instant accident.

“In the course of making an accusation, the victim was aware that he/she had a recording file and changed his/her words to the effect that he/she had a recording file, but the victim would also be the victim.

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