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(영문) 수원지방법원 2019.09.26 2018노8200
폭행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, while getting out of C and stairs, did not assault the victim by drinking the victim or assaulting the victim within C, and not assaulting the victim by drinking the breath.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged in the instant case solely with the E’s statement that was not present at the time of the instant case and the victim’s false statement.

B. The judgment of the court below on unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. On May 17, 2016, the summary of the facts charged in the instant case: (a) the Defendant continued to perform the victim’s bath, such as “the same spawn and spawn” on the ground that the victim D(56 years of age) did not repay the money borrowed from the victim D’s “C” located in Ansan-gu Mang-si B; and (b) the victim against the victim, against the victim, spawnd the victim’s spawn and spathn, spawnd the victim’s spawn with the victim’s spab

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence presented in its judgment.

C. 1) The statements made by the victim and E and the contents of the defendant's assertion as evidence that correspond to the facts charged in the instant case are written by the victim's investigative agency, each of the statements made by the court below and the court below, E's investigative agency and the court of the court below, and E's statement made by the witness are as follows. The summary of the victim's statement is as follows. The contents of E's statement correspond to those of the victim's statement.

On May 17, 2016, the Defendant had Q and Baduk in C, and the victim had a Baduk with others.

The defendant, under the influence of alcohol, had the victim take the same desire to pay money.

Therefore, the defendant dather and the victim fatd, and the people who were in the flag were fighting.

C The president of C is spath and bat, and the defendant who was spathing.

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