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(영문) 대구지방법원 2019.05.14 2018노4249
폭행
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant A did not assault the victim.

Nevertheless, the judgment of the court below which found the Defendants guilty of each charges is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (Defendant A: a fine of one million won, Defendant B: a fine of one million won: a fine of five hundred thousand won) is too unreasonable.

2. Determination

A. In full view of the following facts and the circumstances cited in the lower court’s duly admitted and investigated evidence as to the assertion of mistake of facts, Defendant A may sufficiently recognize the fact that the victim was abused, taking into account the following facts and the circumstances inferred therefrom.

Therefore, this part of the Defendants’ assertion is without merit.

① A victim reported 112 immediately after the instant case, and subsequently, from an investigative agency to the court below, the victim made a concrete and consistent statement.

② Defendant A brought a complaint against the victim who filed a multiple complaint, accusation, etc. against Defendant B or himself/herself. At the time of the instant case, the victim was in the process of demanding annual allowance based on the Labor Standards Act, and thus, Defendant A was sufficiently able to assault the victim. In fact, even according to Defendant A’s assertion, there was a dispute between Defendant A and the victim.

③ The witness F of the lower court stated that, although Defendant A did not state the fact that Defendant A gave consent to the victim’s arms, Defendant A gave a statement that he would be memory.

A witnessing the site of this case stated that Defendant A had the face of contact of the victim even if the victim was living, and G testified that Defendant A had the witness to check the victim several times out of the office.

All of the above witnesses asserted that there was no fact that Defendant A did not directly assault the victim, but made a statement to the effect that it corresponds to some of the facts charged in the instant case.

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