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(영문) 부산지방법원 2017.06.15 2016노4792
폭행
Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (misunderstanding of facts) was unilaterally assaulted by Defendant A, and the Defendant did not have any fact that the Defendant used his fingers by scambling his fingers.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The prosecutor (misunderstanding of facts, misunderstanding of legal principles, and Defendant A) found Defendant A not guilty, but Defendant A was unilaterally abused by Defendant B.

In the process of the trial of this case, Defendant A may sufficiently recognize the fact that Defendant B committed an assault by satisfing Defendant B’s fingers, and it cannot be deemed that the foregoing tangible force exercise by Defendant A constitutes a justifiable act.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of judgment.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the lower court regarding Defendant B’s assertion of mistake of facts, namely, ① Defendant A has consistently and specifically stated the purport that “B was unable to take his her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

B. The lower court’s determination on the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine was 1) In light of the following circumstances acknowledged by the evidence adopted by the lower court, Defendant A at the time of the instant case.

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