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(영문) 서울서부지방법원 2015.03.26 2014노1414
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty on the basis of the victim's statement made by I without credibility is erroneous in the misunderstanding of facts, although the defendant tried to prevent the victim's assault, and did not assault the victim as stated in the judgment of the court below.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant may fully recognize the fact that he/she abused the victim as stated in the lower judgment.

1) From the investigative agency to the court of the court below, the victim made a consistent and detailed statement as to the circumstances and contents of the assault that the Defendant was assaulted from the Defendant, as stated in the court below, that the victim had her face while having her tobacco taken by the Defendant in his hand. 2) The victim stated specifically that it is smaller than that of the photograph (Evidence No. 76 pages of the evidence record) presented by the investigator in relation to the signboards on which the Defendant had her seat at the investigative agency.

3) As a witness in the situation before and after the assault between the Defendant and the victim, I stated that the Defendant had consistently and specifically left the victim's face from the investigative agency to the court of the court below, and that he was able to see the victim's arms by putting up standing signboards on the first floor of the court below, and reported that he was fit for the victim's arms. In light of the fact that the victim stated that he was the victim's workplace, even though he was the victim's workplace, he was the victim's first sealed, G is highly reliable. 4) G also judged that the Defendant and the victim are facing each other.

(Evidence Records No. 27 pages). Accordingly, the defendant's assertion of mistake is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is identical.

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