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(영문) 대전지방법원 2018.11.29 2018노1550
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles and misconceptions of facts, the Defendant did not have any tension with the victim’s head, debt, or scarf, and only took his hand against him, but even if this does not constitute the exercise of tangible power, the judgment of the court below convicts the Defendant, which is erroneous in the misapprehension of facts and the legal principles.

B. The punishment sentenced by the lower court (ten days of detention) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendant also asserted to the same effect as the grounds for appeal in this part, but the lower court rejected the Defendant’s assertion on the grounds as indicated in its reasoning.

In addition to the following circumstances revealed in the reasoning of the judgment of the court below, such judgment of the court below is just and acceptable, and there is an error of misunderstanding of facts and misunderstanding of legal principles as alleged by the defendant.

subsection (b) of this section.

1) At the time of the police investigation, the Defendant stated to the effect that the instant facts charged are acknowledged.

2) There are photographs of the victim’s body and clothes that correspond to the facts charged in the instant case.

3) The Defendant appears to have continuously tried to maintain south while disregarding the intent of the victim who intends to hedging with the Defendant, and continuously driving away the victim’s house and workplace. As such, there were motives or incentives to commit the instant crime.

4) The Defendant asserted that “If the victim was assaulted on April 30, 2017, the victim would have been assaulted, then on May 3, 2017; May 27, 2017; June 4, 2017; June 6, 2017; June 6, 2017; June 26, 2017; and July 14, 2017; however, the Defendant and the victim who was assaulted for about one year and six months only on several occasions, were able to deny the instant facts charged without disregarding other evidence, such as statements by the victim or witness, damage photographs, etc., corresponding to the instant facts charged.

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