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(영문) 서울서부지방법원 2015.06.05 2015노361
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The statements of the victim of mistake of facts are not consistent and credibility in violation of the empirical rule.

Nevertheless, the lower court erred by misapprehending the fact that only the victim’s statement was believed, and that “the Defendant unilaterally assaulted the victim, rather than resisting the victim’s assault.”

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. The court below duly adopted and examined the facts as follows: ① The victim made a relatively consistent and detailed statement about the reason and circumstance that the defendant was entering the real estate office, the background and degree of the defendant's assault, the defendant's usual behavior, etc. ② The defendant also made a statement to the effect that "the victim has committed an assault against the victim by making a continuous low report (Evidence No. 25 pages)" in the police investigation process; ③ the victim has never committed an assault against the victim; ③ the victim was committed in a similar way before the crime of this case; ④ The defendant was found to have committed an assault against the victim several times to meet the president of the part of the real estate belonging to the victim, and the victim had been affected by his duties; ⑤ The victim had been deprived of the defendant's access to the real estate; ⑤ The circumstances leading up to the arrest of the defendant in the act of committing the crime of this case and the record of the like crime of this case, etc. are considered, the defendant's statement in this case cannot be ruled out to the extent that it conforms to the facts charged with the crime of this case.

The defendant's above assertion is without merit.

B. The defendant denies the crime of this case and does not oppose it, and the defendant was punished as the same crime several times.

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