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(영문) 서울중앙지방법원 2018.03.29 2017노4636
폭행
Text

The defendant's appeal is dismissed.

Reasons

The defendant, as to the summary of the grounds for appeal, has not been able to catch the flap of the victim D with sphere and pushed over the floor.

Rather, D was only sealed out of the commercial building to protect female merchants and customers from the defect of violence, such as booming the defendant's her cream and breathing.

Nevertheless, the defendant was able to catch a breath of the victim D and pushed down the breath, thereby cutting over the floor.

There is an error of misunderstanding of facts in the court below's decision.

The punishment sentenced by the court below (the amount of 500,000 won) is too unreasonable.

Judgment

Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake, the fact that the Defendant committed an assault against the victim can be sufficiently recognized as indicated in the lower judgment.

The defendant also had the victim D her bridged at an investigative agency and her bridged at the other party as he / she was also her breath.

The statement is (18th page of the record of evidence). CCTV images (videos attached to the investigation report No. 8 of the list of evidence), there was a dispute between D and the merchants, and the defendant and D, which were late, carried out a flab and flab, carried out a flab and flab, and the defendant and D, who were unlocked, carried out a flab, carried out a flab, and carried out a flab, and carried out a flab, and had been surrounded by the merchants including the defendant.

D. It is possible to confirm the face value of the front.

D consistently, from investigative agencies to the court of the court below, the defendant was satisfling and pushed down with bat, and the defendant was unsatisfing.

D also acknowledges that violence committed by the defendant is not denied, and therefore, it can recognize the credibility of the statement.

The witness E and F testified to the effect that the defendant unilaterally committed violence against D, and that the defendant did not contain d's flaps, but the above testimony was made.

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