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(영문) 의정부지방법원 2020.10.15 2020노1772
특수폭행등
Text

The defendant's appeal is dismissed.

The "National People's Republic of China" is added to Chapter 7 of the judgment of the court below.

Reasons

Summary of Grounds for Appeal

A. In the process of dispute with the victim of mistake of facts, the defendant tried to oppose the victim on the ground that the victim had been placed in a stoke head in order to prevent the defendant from s to the s to the stoke head, and there was no excessive possession as stated in the facts charged and there was no assault against the victim.

B. Determination of the lower court among the sentencing division: 10 months of imprisonment;

A. There was no new objective reason that could affect the formation of a documentary evidence in the appellate court’s trial process of a determination of mistake of facts, and the determination of the value of evidence in the first instance court was clearly erroneous.

Where there is no reasonable ground to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules, etc., the judgment on the fact-finding of the first instance court shall not be reversed without permission (see, e.g., Supreme Court Decision 2016Do18031, Mar. 22, 2017). The Defendant asserted the same purport as the grounds for appeal in the lower court. The lower court rejected the Defendant’s assertion on the grounds of the circumstances indicated in its reasoning, and found the Defendant guilty of the instant facts charged.

In addition, in full view of the following circumstances acknowledged by the court below and the court below's duly adopted and investigated evidence, the above judgment of the court below is just and acceptable, and there is no illegality of misconception of facts alleged by the defendant.

Therefore, we cannot accept this part of the defendant's argument.

① In the police investigation, the victim stated that “the Defendant made a threat that “the Defendant would die in a face-to-face with a knife and knife knife knife knife knife knife and knife knife knife knife knife knife knife knife knife knife knife”

In addition, the head bond was pushed down on the wall and was frighted on several walls.

‘쿵쿵’ 소리가 날...

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