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(영문) 인천지방법원 2013.09.13 2013노1818
폭행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that there was no conflict with the victim E and F, but no assault was committed against the Defendant, and the judgment below which found the Defendant guilty of the charges of assault and insult was erroneous in the misapprehension of facts, and it is unfair in light of the Defendant’s age and economic circumstances, the punishment (two million won of fine) is too unreasonable.

2. Determination

A. As to the assault in the judgment of the court below as to the assertion of mistake of facts, the court below did not err in matters of mistake of facts, as alleged by the defendant, in full view of the evidence examined and adopted by the court below including this, since the statement by the witness of the court below is not consistent and there is no reason to reject its credibility.

As to the insult of the judgment of the court below, the court below acknowledged the fact that the defendant was arrested as an offender in the crime of this case after hearing the statement that the police officer H assaulted the victim E and F, and notified the defendant that he could appoint a defense counsel. In light of the purpose of the crime of this case, H unfairly arrested the defendant in light of the crime of this case and the details thereof, etc.

or the defendant's act did not constitute a justifiable act that does not violate social rules.

According to the evidence duly examined and adopted by the court below, the above decision of the court below is justified, and there is no error of misconception of facts or violation of the rules of evidence.

B. In addition to the fact that the defendant denies the crime and did not reach an agreement with the victims, the defendant is living alone under old, economic difficulties, and the defendant was punished by a fine of KRW 300,000 by assault around 207.

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