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(영문) 의정부지방법원 2017.06.23 2017노1170
폭행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the judgment of the court below, did not assault the victim by a method of booming the victim’s cream as stated in the judgment below.

B. The sentence of the lower court’s improper sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, it is justifiable to find the Defendant guilty of the facts charged in this case, as stated in the lower judgment.

Therefore, the defendant's assertion of facts is without merit.

① After the occurrence of the instant case, the victim reported to the effect that “ female her son shall have seven sons,” and the police officer dispatched to the same effect also stated to the same effect.

② From the investigative agency to the court of the court below, the victim suffered from the end of the investigation agency to the court of the court below’s trial: (a) the Defendant’s statement that “the Defendant’s act of personal attacking him” was defective; (b) the Defendant took one time at the left her time, and continued to spread 5 to 6 times the left son’s body.

A statement was made to the effect that even if the person himself/herself commits assault against the defendant, he/she did not respond to it and reported to 112."

(3) As above, the victim’s statement has credibility since the victim made a concrete and consistent statement about the background leading to the assault from the investigative agency to the court of the court below, the situation before and after the assault, etc.

B. The Defendant denies and does not oppose the instant crime, and rather slanders the victim.

The defendant was sentenced to a fine twice due to the crime of injury, etc., and did not agree with the victim until the case is in question.

On the other hand, the defendant's movement to the victim.

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