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(영문) 수원지방법원 2017.08.25 2017노2137
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal 1) The Defendant was unilaterally assaulted to the victim at the time of the instant case, and there was no time for the victim as indicated in the facts charged.

2) The sentence of the lower court (10 million won) that was unfair in sentencing is too unreasonable.

2. Determination 1) The Defendant made the same assertion in the lower court as to the assertion of mistake of facts.

The lower court, on the following grounds, found credibility in each testimony of the victim and E

In light of the above testimony and the evidence submitted by the prosecutor, the defendant can be found to have abused the victim as stated in the facts charged of this case, in full view of the evidence, such as the photograph of each of the above testimonys and the black stuff images.

The decision was determined.

The testimony of the victim and E is a statement to the investigative agency as to whether the injured party is the left face or the right face of the injured party, but the testimony was made nine months after the occurrence of the instant case, and the details, etc. of the instant crime are consistent with the statement made by the investigative agency.

In light of the following circumstances cited by the lower court in light of the evidence duly adopted and examined by the lower court, the lower court’s aforementioned determination is justifiable.

(1) At the time of the instant case, from the investigative agency to the original trial, the victim consistently requested the Defendant to be sleeped by the Defendant, and then asked the Defendant to be sleeped. The Defendant was sleeped by slicking his face, and he was sleeped by sl

(2) The victim appeared in the lower court as a witness and made a statement on the crime of this case, and made a statement to the same effect at an investigative agency or the lower court (see, e.g., 31 investigation records, 56-57, 72), E and G also made a statement to the same effect (see, e.g., e., e., 31 investigation records, 56-57, and 72).

. Recognition is also recognized.

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