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(영문) 의정부지방법원 2019.07.18 2018노3340
폭행
Text

The judgment of the court below is reversed.

Defendant

B shall be punished by a fine of 2,000,000 won.

Defendant

B The above fine shall not be paid.

Reasons

1. Summary of grounds for appeal;

A. On January 4, 2017, Defendant A (in fact-finding), as indicated in the instant facts charged, did not assault Defendant A by duplicating bbages of Defendant B on January 4, 2017.

B. On January 4, 2017, Defendant B (in fact-finding and inappropriate sentencing) (1) Defendant A: (a) her breast on January 4, 2017, and (b) her was towed by Defendant B; (c) her breast on the same day, and (d) her her chest seems to be decrised and shakinged.

Therefore, the submission of a written complaint to the effect that Defendant B was subject to indecent act from D on July 11, 2017 can be somewhat the director, but it is not unreasonable.

(2) The lower court’s penalty of KRW 2 million against Defendant B (a fine of KRW 2 million) is so excessive that it is unreasonable.

2. Judgment on Defendant A’s assertion of mistake of facts

A. On January 4, 2017, around 18:30, Defendant A assaulted the victim’s flobbial flothal, i.e., the victim’s humiliation at the Goyang-dong-gu C1stalian C1stal, Goyang-si, Goyang-si, and the relationship between Defendant B, E, and the obligation, etc. with Defendant D, which divided the talk with the victim, and the victim’s talked with E, and the victim’s flothal was high.

B. The lower court found Defendant B and E’s legal statement, and the police statement of E as evidence to be guilty of the facts charged.

C. In light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below, it is difficult to readily conclude that Defendant A committed an assault against Defendant B only with the evidence submitted by the prosecutor, and otherwise there is no other evidence suggesting that the judge will not have any reasonable doubt as to the facts charged of the instant assault.

(1) As examined below, the court below submitted a written complaint against the Defendant B’s non-performance of the Defendant B’s act of indecent act by compulsion, even though the Defendant B had not committed indecent act by compulsion against the Defendant B as shown in the judgment below.

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