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(영문) 의정부지방법원 2017.04.27 2016노3711
특수폭행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found Defendant guilty of the crime of assault even though the victim did not have her arms or her arms, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Prosecutor 1) The Defendant carried the victim’s stick and carried the victim’s sick and assaulted the victim with a dangerous object.

Although the judgment of the court below was not guilty of special injury, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

2) The sentence imposed by the lower court on the Defendant (the amount of KRW 500,000) is too unhued and unreasonable.

2. Determination

A. Determination 1 on the assertion of mistake of facts) Defendant also asserted the same purport as the above grounds for appeal.

The court below rejected the defendant's assertion as guilty in light of the circumstances stated in its holding.

In light of the following circumstances acknowledged by the evidence duly admitted and examined by the court below: (a) the disabled call taxi on the victim was set up under the wooden bottom; (b) the mother seems to have been forced to get out of the her mother due to the difficulty of getting out of the son; (c) the mother was at the time the son was forced to get out of the her port at that time; (d) the Defendant forced the victim to get out of the her mother; and (e) the Defendant forced the victim to get out of the her port; and (e) the victim, who was the disabled, did not seem to have been able to get out of the her port without any tool to get out of the her port without getting off her stick, the judgment of the court below is justified; and (e) there is no error of misapprehending the facts that affected the conclusion of the judgment by misapprehending the facts.

Therefore, the defendant's argument cannot be accepted.

2) The Prosecutor lower court.

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