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(영문) 전주지방법원 2019.07.17 2019노256
폭행
Text

The judgment below

Part concerning Defendant A and B shall be reversed, respectively.

Defendant

A. A. fine of KRW 3 million, Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s grounds of appeal 1) misunderstanding of facts or misunderstanding of legal principles as to the facts charged against Defendant A are the statements of the victim F. However, there is no credibility of the victim’s statement, and the facts charged against Defendant A did not err by misapprehending the facts or by misapprehending the legal principles, although there is no proof of crime. 2) The judgment of the court below convicting Defendant A of unfair sentencing (one month of imprisonment, one year of suspended execution, one year of community service, 120 hours of violence therapy, 40 hours of violence therapy) is too unreasonable.

B. As to Defendant C’s grounds of appeal (definite or misunderstanding of legal principles) assault, the victim’s statement, the sole evidence of this part of the facts charged, is without credibility. Despite the absence of proof of a crime, this part of the facts charged, the court below erred by misapprehending the facts or by misapprehending the legal principles. (ii) In regard to the injury of Defendant C, Defendant C was merely attaching the victim’s left shoulder and clothes on the part of the victim’s chest, and there is no credibility to the victim’s statement contrary thereto.

The act of the defendant C is not an injury but an injury to the defendant C, and there was no intention to inflict an injury on the defendant C, and the defendant C's act did not have a satisfy of the chest that the victim requires approximately two weeks of treatment.

Nevertheless, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous by misapprehending the legal principles.

C. The Prosecutor’s grounds of appeal 1) As to Defendant A and C, the lower court’s punishment against the above Defendants is too unfasible and unreasonable. (2) According to the evidence submitted by the Prosecutor, such as the victim’s statement against Defendant B (the fact-finding), the fact that Defendant B assaulted the victim.

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