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(영문) 서울서부지방법원 2015.10.16 2015노1048
폭행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the instant case of mistake of facts, the Defendant merely fighting with the victim at the time of the instant case, and did not assault the victim. Nevertheless, the lower court convicted the Defendant of the instant charges by misunderstanding the facts, thereby finding the Defendant guilty of the instant charges. (2) The lower court’s sentence of unreasonable sentencing (a fine of KRW 3 million) is too unreasonable.

B. The above sentence of the court below on the defendant by the prosecutor is too unhued and unreasonable.

2. Determination

A. The court below has consistently stated the following circumstances acknowledged by the evidence duly adopted and examined by the defendant's assertion of mistake of facts: ① The victim made a concrete statement in the situation at the time of the instant case with the following: "At the time of the instant case, the victim made misunderstanding that the victim was satisfed with his own patient uniform, satisfing the victim's head, and satisf with the victim's hand satf with the victim's hand satf with the victim's hand satf with the victim's hand satf with the victim's hand satf with the victim's hand satf with the victim's clothes at the time of the instant case; ② the defendant made a counterargument and satf with the victim's cellular phone at the time of the instant case; ③ the witness F at the time of the first instance court statement that the defendant and the victim did not satisf with the victim's speech at the time of the instant case; ② the defendant's statement was not erroneous after the victim's statement made by the F.

C. Illegal sentencing of the Defendant and the prosecutor respectively.

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