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(영문) 대구지방법원 2017.11.17 2017노3608
특수폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

가. 사실 오인 1) 원심 판시 제 1 항 부분 가) 피고인이 스마트 폰을 던지 긴 하였으나, 부숴지지는 않고 전원이 들어오지 않았다.

B) It is only a fact that the victim with the defendant who seeks to get a house is a ppuri, and there is no support for the victim.

C) The Defendant was merely a part of the victim, and there was no coercion of the victim.

D) On May 2015, 2015, it was only incidental to the Plaintiff’s cremation, and there was no fact that the victim had been a victim.

2) In the case of No. 2(a) of the holding of the lower court’s judgment No. 1 per annum of crime sight, the victim’s face is not given due to its appearance.

B) In the case of No. 2 a year, the victim is tightly and not entered a lodging place while disputing the victim in the vehicle with the victim, and is only a civil fact out of the door.

(c)in the case of No. 3 per annum, the victim’s head and face are not taken up.

D) In the case of No. 4 per annum, the victim’s head was tightly pushed towards the senior window of the victim by hand on his hand, and there was no trace of heading.

E) In the case of Nos. 5 per annum, the injured party added the Defendant, who had his house, thereby debrising it, and did not booming the Victim’s neck in his hand.

바) 연번 6번의 경우, 집을 나서려는 피고인을 피해 자가 붙잡아 이를 뿌리치면서 손으로 피해자의 머리를 때리고 발로 피해자의 허벅지를 찼을 뿐, 발로 피해자의 머리를 찬 사실이 없다.

g) In the case of No. 7 per annum, there is no memory that assaults the victim.

H) In the case of No. 8 per annum, only the fact that the victim was pushed down the victim’s head by getting the victim to get off from the train, and there was no head or knife the head.

I) In the case of Nos. 9 per annum, the Defendant prevented the victim who was trying to do self-harm, and knife the knife part of the knife, but the victim was faced with the head of the knife and knife, and only was pushed down with the victim's knife and pushed down.

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