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(영문) 부산지방법원 2016.09.08 2016노1023
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim as in the facts charged.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by the court below in full view of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, i.e., ① the victim showed a Sticker in front of the victim's back, the victim sent the victim's back to the front of the vehicle, and then made a concrete and consistent statement that he was faced with the victim's clothes, and there are no circumstances to suspect the credibility of the victim's statement. ② The defendant alleged that he was faced with the victim, but the witness stated that he was faced with the victim's clothes in the court of the court below. However, the witness stated that the defendant was faced with the victim's clothes in the court of the court of the court below, and the victim stated specifically that he was returned to the defendant. ③ Since the victim had only the parking management personnel of the department store of this case after this case, the victim did not appear in a special relationship with other witnesses, including the above witness working at the department department of this case, the victim's testimony and the defendant's testimony sufficiently recognized the credibility of the victim's witness's statement in the court.

B. The attitude of assault on the assertion of unfair sentencing is relatively minor, and the defendant does not have to do so.

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