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(영문) 광주지방법원 2016.11.01 2016노384
폭행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts by Defendant 1 only did the victim have a verbal dispute with the victim, but did not assault the victim. 2) The sentence of the lower court on unreasonable sentencing (fine 500,000) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The summary of the facts charged in this case’s assertion of mistake of facts does not mean that the Defendant assaulted the victim and sustained injury to the victim. As such, whether the Defendant exercised tangible power during a dispute with the victim is the subject of the judgment of this court. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the fact that the Defendant used tangible force, such as the physical attack with the victim, can be acknowledged.

1) I complied with the situation where a dispute between the Defendant and the victim occurred, and reported it to 119 after first giving the victim first aid. On the day of the instant case, I made a statement at the investigative agency that “the Defendant made the victim’s body fighting with the victim after drinking back the victim’s body after drinking back the victim’s body, and as can be seen at the time of fighting the female at the prosecution, I made a statement that the other party’s shoulder was pushed up several times with the other party’s shoulder, and followed it by hand. At the court of the original instance, I made a shoulder fighting and expressed the back of the victim’s back, such as describing the situation at the time of and in detail, I consistently made a statement at the investigative agency and the court of the original instance as to the time of the assault, the situation before and after the assault, the method of assault, etc. (in the first stage of the police, at the prosecutor’s office and the court of first instance, at the intervals between the testimony and the natural order of the testimony, etc., which occurred.

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