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(영문) 서울서부지방법원 2021.01.14 2020노781
장애인복지법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, at the time of the instant case, the Defendant was aground of the strings of shopping bags (hereinafter “the strings”) on his head, and did not have the strings of the strings of the victim D’s head, and only demanded the victim to extend the strings of the strings of the victim.

The evidence corresponding to the facts charged in the instant case is only the victim’s statement, and such victim’s statement cannot be trusted because it is false or exaggerated, and according to the recording CD and the recording book (hereinafter “recording CD, etc.”) recording the situation at the time of the instant case, there is no circumstance that the Defendant seems to have set the string on the victim’s head.

Even if the defendant had string off the victim's head, or the victim had string off the victim's eye at the victim's request.

Even if at the time people including the defendant and the victim were sent with enjoying time, the defendant committed such act in order to abuse the victim.

shall not be deemed to exist.

The victim also seems to have committed the above acts in the above atmosphere. As such, the victim suffered a sense of shame.

shall not be deemed to exist.

The defendant cannot be viewed as abuse, and the defendant did not have any intention to abuse.

B. Improper sentencing (public prosecutor) sentenced by the lower court (7 million won in penalty) is too unhued and unfair.

2. Determination

A. The judgment of the court below on the Defendant’s assertion of mistake of facts also asserted the same purport as the grounds for appeal, and the court below rejected the Defendant’s assertion by giving detailed explanation of various facts and circumstances as stated in its reasoning under the title “judgment on the Defendant’s argument” in the judgment of the court below. The Defendant has emotionally abused the victim.

Recognizing the defendant's guilty, the defendant was convicted.

The above judgment of the court below is duly adopted and examined by the court below and the trial court.

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