(영문) 수원지방법원 2017.11.23 2017노2238 | 리걸엔진

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(영문) 수원지방법원 2017.11.23 2017노2238

폭행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant and his defense counsel

A. On November 15, 2016, the Defendant did not commit an assault, such as threatening the victim’s face at one time and continuing to see as he/she might have suffered from the victim’s D’s loss in the apartment guard room.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of the facts charged on the grounds of the statement of D without credibility.

B. The Defendant is a senior citizen with no family living together, and the lower court erred by misapprehending his/her mental and physical weakness due to dementia at the time of the instant crime, although he/she had a mental and physical weakness due to aging.

(c)

In light of the fact that the illegal defendant's health condition is not good and the economic difficulty is difficult, the sentence of the court below that sentenced the defendant a fine of one million won is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly admitted and investigated by the lower court’s determination on the assertion of mistake of facts, found the following circumstances, i.e., (i) the victim D directly and specifically testified the fact of damage upon receiving the police investigation, and (ii) the police officer F, upon receiving the report at the time, directly appeared to threaten the victim as stated in the facts charged, and arrested the Defendant at the scene, and (ii) the security guard who served alternately with the victim at the time, and the victim H and the non-name dong resident were also present to the police officer dispatched to the police officer at the time without any reasons.

In full view of the facts stated in the facts charged, the fact that the defendant assaulted the victim can be sufficiently recognized.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is no error as alleged in the grounds of appeal.

B. The judgment of the court below on the assertion of mental and physical weakness

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