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(영문) 부산지방법원 2020.06.04 2019노3319
폭행등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

As to the mistake of facts and misapprehension of legal principles, this part of the facts charged constitutes a case where the prosecution procedure is invalid in violation of the provisions of law because it is not specified.

Even if the facts charged were specified, the evidence alone presented by the court below cannot be deemed to have proved the facts charged.

In relation to the special violence of this case, the defendant did not have any excessive violence in a flag of the victim's worship.

The punishment (fine 2 million won) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

The facts charged as to the crime of assault in this case must be stated clearly by specifying the time, date, place, and method of the crime (Article 254(4) of the Criminal Procedure Act). The purport of the law requiring the specification of the facts charged is to facilitate the exercise of the defendant’s right of defense. As such, the facts charged is sufficient to include the facts constituting the crime in a manner that is recognizable from other facts by comprehensively taking account of these elements. Even if the date, place, etc. of the crime are not specifically indicated in the indictment, it is inevitable to comprehensively indicate the facts in light of the nature of the crime charged, and if it does not interfere with the defendant’s right of defense, it cannot be deemed that the contents of the indictment are not specified.

(2) The Defendant asserted that the charge of assault in this case is not specified on the ground that the time limit for the crime was indicated as the first order of June 2018, 2018, and that the Defendant was frequently disputed with the victim at the time of the school system with the victim, and that the aforementioned statement alone cannot be deemed as having become difficult to distinguish from other facts.

However, this part of the facts charged is that "I recognize that I will see that I will see B with her her click generation, which will not occur again."

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