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(영문) 서울중앙지방법원 2017.09.21 2017노1308
폭행
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is as follows: (a) there was no fact that the Defendant misunderstanding the victim B’s face side is humped once with the floor of the victim B’s face; and (b) there was no fact that the part and body part of the victim C were humpedd several times with the hand floor; (c) there was an error of law by mistake

The punishment (one million won in penalty) imposed by the court below against the defendant is too unreasonable.

Judgment

In full view of the following facts and circumstances admitted by the evidence duly admitted and examined by the lower court, the Defendant’s misunderstanding of the facts is not accepted, since the Defendant was able to use the victim B’s face face, waiting for the front vehicle, once at the floor of the hand, and the Defendant’s misunderstanding of the facts is recognized by taking the victim C’s arms and body parts into hand and several times at the floor of the hand.

The injured party B was 4 and her to move from the subway No. 4 located in subway No. 54, which is located in the mid-gu Seoul, Jung-gu, Seoul, to the Seoul air basin. The accused was her face with D and her hand. The injured party C attempted to defend the victim, but the accused was her prices, and the male in the surrounding area was her (Evidence No. 6, 7, 27 of the evidence record). The injured party C assaulted the victim B, including the victim B, and the victim B, and the accused was her seated at the victim's body and body due to the Defendant's hand. The injured party C assaulted the victim C and the victim B at the active session, and the Defendant was her seated with C's arms and body by his hand.

The statement was made (Evidence No. 9, 10, 27, and 28 of the Evidence Records). In light of the statements of the victims as above and the background leading up to the arrest of the police officer called out after receiving 112 reports at the site (Evidence No. 5 of the Evidence Records), the fact that the defendant assaulted the victims is sufficiently recognized.

The crime of this case committed in sentencing is under the influence of the defendant in the subway station platform without special reasons.

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