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(영문) 대전지방법원 2018.06.28 2018노161
폭행
Text

The defendant's appeal is dismissed.

The costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. A. Although the Defendant misunderstanding the fact that he had knife the knife, there was no threat to the victim in that knife, and that knife did not fit the victim.

The court below erred by misapprehending the legal principles.

B. The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. In light of the following circumstances, the facts charged of this case is fully recognized in light of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts.

This part of the defendant's assertion is without merit.

1) The victim E is consistent not only at the time of the police investigation and the prosecution investigation, but also at the court of the court below to the extent that “the Defendant takes the knife and knife the knife and knife (victim E).”

“In doing so,” the author stated that “I am at the present site, I am at the right end in the west, I am at the end of the day,” and was at the present site.

F and G made a testimony consistent with the victim E’s above statement in the court below’s trial (the defendant’s defense counsel stated that “the defendant’s defense counsel stated that “the defendant knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

One of the arguments (which appears to the purport that it is difficult to believe their statements) and their statements are in conformity with the point that “the defendant was knife,” and therefore, they cannot reject the credibility of these statements merely because of the fact that the memory on the location of the knife is partially different from that of the knife, and as the location of the knife's date cannot affect the establishment of a special intimidation, the above argument by the defense counsel cannot be seen as a mother or acceptance). 2) The victim’s statement at the time of the knife on April 21, 2017 following the date of the instant case.

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