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(영문) 대전지방법원 2016.02.05 2015노905
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. Summary of grounds for appeal;

A. Defendant 1 did not have any assault with the victim as he did not have any physical contact with the victim D, and ② there was no threat or insult of the victim I, J, or K.

B. Prosecutor 1) The lower court dismissed the prosecution on this part of the facts charged on the ground that there was no accusation, on the grounds that there was no accusation, and there was an error of misunderstanding of facts and misunderstanding of legal principles, since the victim K filed a complaint with the intent to file a

2) The sentencing of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is unfair because it is too unhued.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The judgment of the court below acknowledged the Defendant’s assault by taking into account the following facts: (a) the contents of the witness D’s legal statement in the court below in relation to the crime of assault are specific and consistent; (b) the witness D’s testimony favorable to the Defendant, such as her fat, her fat, etc.; and (c) other witnesses witness witness the scene also make a statement consistent with D’s statement, on the ground that the witness D’s legal statement directly consistent with the facts stated in the judgment is highly reliable.

② With respect to the crime of intimidation and insult, the court below’s testimony at each court below by witness I and J is specific and consistent, and considering the fact that the testimony at each court below by witness G, K, and H also conforms to the above court’s testimony by witness I and J, the court below acknowledged the defendant’s intimidation and insult by taking into account the witness I and the witness I directly corresponding to the facts constituting the crime in the judgment, on the ground that the testimony at each court below by each of the above witnesses, including the above witness’s testimony, is highly reliable.

B. Examining the comparison with the records of the above deliberation, the above judgment of the court below is just, and it does not affect the above judgment even if the defendant added the materials submitted in the trial.

3. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine

(a) this part;

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