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(영문) 서울북부지방법원 2020.06.23 2020노5
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim as stated in the facts charged, such as misconception of facts and misapprehension of legal principles.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination on the grounds for appeal

A. In regard to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant asserted the same purport as the reasons for appeal at the lower court, but the lower court rejected the Defendant’s claim on the ground that it was difficult for the Defendant to impeachment the credibility of the victim’s statement on the sole basis of the materials submitted by the Defendant, on the following grounds: (a) the victim made a concrete and consistent statement at an investigative agency and the lower court on the grounds that the Defendant was assaulted by the Defendant; (b) the victim’s appearance, attitude, and content of the statement after taking an oath in the open court; and (c)

The following circumstances revealed by the evidence duly adopted and examined by the court below, i.e., ① there was a dispute between the defendant and the original room room room room room room room room room room room consistently from the investigation agency to the court of the court below, and the defendant went to the bend, and the defendant went to the bend, and made a statement that he was pushed about the defendant's seat by force, ② there was no circumstance that the court below acknowledged the credibility of the statement in the process of examination of the victim, and there was no reason to deem that the judgment was clearly erroneous or unreasonable; ③ the defendant was unable to force the escape, such as the victim's assertion, as the victim's assertion, at the time of the crime. However, around December 2, 2018, there was a limitation on the scope of the pain or operation due to the left shoulder seat and tension, etc.

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