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(영문) 광주지방법원 2017.10.26 2016노4775
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the victim did not immediately get off the taxi, the defendant under the influence of alcohol was pushed down the defendant's left chest, and the defendant saw her sexual humiliation, caused the victim's losses by booming the victim's losses, and did not have any fact to display the victim's face and did not have the intention to damage the property.

In addition, the defendant's act is a legitimate defense.

(c)

The punishment of the court below (2 million won) which is unfair in sentencing is too unreasonable.

2. In light of the fact-misunderstanding and misapprehension of the legal principles, the victim's statement that corresponds to the facts charged has credibility, and thus, it can be sufficiently recognized that the defendant assaults the victim with his/her secret door and damaged property, as well as the fact that the police was called out, in light of the following: (a) the victim made a concrete and consistent statement from the investigative agency to the court of the court below on the background of the occurrence of the case; (b) the statement and behavior of the defendant at the time of the case.

In addition, according to the evidence above, the defendant's act does not constitute a legitimate defense, since it appears that the defendant's act is not a legitimate defense, since he is not a legitimate defense, the defendant's act is not a legitimate defense.

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

3. The first offender who has no record of criminal punishment against the criminal defendant's unfair assertion of sentencing may be found to have committed a crime without prejudice to the criminal defendant's mistake, the unfavorable circumstances, such as the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., and other records and arguments of this case, including the defendant's age, sex, environment, family relationship, circumstances after the crime.

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