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(영문) 부산지방법원 2018.06.21 2018노1056
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of this part of the facts charged, although the Defendant misunderstanding the fact by hand did not assault the victim C’s left side her with a buck one time. In so doing, the lower court erred by misapprehending the facts.

B. misunderstanding of legal principles, even if the Defendant had contacted with the victim C, ① did not have the intent of assault, ② even if the Defendant’s act did not reach the exercise of an unreasonable tangible force against human body, the lower court convicted him of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.

(c)

The sentence of the court below against the illegal defendant in sentencing (the penalty amount of KRW 500,00) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On August 26, 2017, the Defendant: (a) around 15:00 on the 7th floor in Busan Shipping Daegu, Busan Metropolitan City; (b) decided that the victim C and D, who was seated, waiting to screen the film, would move to another place; (c) on the part of the victim C’s left-hand knives, and assaulted the victim C’s left-hand knives on one-time basis.

B. In light of the following circumstances acknowledged based on the evidence duly admitted and investigated by the court below and the court below, the judgment of the court below is just and acceptable, and there is no error of law by misunderstanding of facts as alleged by the defendant as alleged in the judgment below.

① The victim C consistently made the following statements from investigative agencies to the court below’s trial.

C was seated in D and suspected, but the Defendant, who was Dara and Doctrine, was slicked one time by her left hand while her booming himself and her booming himself while taking a bath (the 8th page of the evidence record and the 51th page of the trial record). The statement made by such victim is the content of the statement.

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