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(영문) 수원지방법원 2016.03.30 2015노5723
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case, although the defendant misunderstanding the facts did not assault the victim, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. Legal doctrine misunderstandings, even if the Defendant assaulted the victim, such assaulted the victim to the victim.

Although it is merely a passive resistance against the payment of city expenses, it constitutes a justifiable act. However, the court below found the Defendant guilty of the facts charged in this case. In so doing, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

(c)

The punishment of the court below (the amount of 500,000 won) which is unfair in sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below claiming misunderstanding of the facts are: (a) the victim is consistently stated from the police investigation to the court below's decision as to the main part that the defendant was able to escape from the taxi expenses in front of the victim; (b) the victim was scambling the victim's face or the face of the victim by hand; and (c) the victim was scambling the victim's face from the police investigation to the court of the court below's decision; and (d) the victim scam in front of the victim by driving away from the victim's scambling, the victim was scambling in front of the victim's scam and the victim was scambling the victim's scam, and the victim was scambling the victim's face image image and the victim was scambling the victim's face image to his own taxi; and (d) the victim was scaming the victim's oral statement.

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