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(영문) 대전지방법원 2016.09.29 2016노883
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal principles on the crime of assault (1) ① The date of the instant occurrence is around October 4, 2014, rather than a police officer on December 2, 2014, and ② the Defendant did not violate social rules by putting the victim’s arms and having gotten off. However, the lower court found the Defendant guilty of this part of the facts charged. In so determining, it erred by misapprehending the legal principles and misapprehending the legal principles.

2) Although the Defendant did not commit any act of impairing the reputation of the victim at the time and place of the facts charged, and did not intend to do so, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine and misunderstanding of facts.

B. The lower court’s sentence (1.5 million won in penalty) against an unfair defendant in sentencing is too unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. The part of the court below as to the crime of violence stated to the effect that the victim stated consistently from the investigative agency to the court of the court below that the victim "the defendant found himself who sing in F in the middle of December 2014 and led about 50 meters to the E hospital parking lot," and that "I did not enter the court of the court of the court below as the victim did not have the victim's clothes on December 2014." In light of the following circumstances, the victim stated to the effect that "the defendant did not use the victim's clothes on the chest part of the victim's chest and led him to it in the middle of December 2014." The victim stated to the effect that "the defendant did not use the victim's clothes on the part of the victim's chest and could not be viewed as unlawful because it does not violate social rules, and therefore, the court below's judgment is justified and it is guilty.

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