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(영문) 부산지방법원 2021.02.03 2020노4259
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court did not err by misapprehending the legal doctrine on factual mistake and assault the victims as stated in the facts charged in the instant case.

Even if at the time of the instant case, there was a fact that the Defendant partially exercised the physical force of the victims, such as booming or threatening their hairs.

Even if it is true that the victims have been suffering by themselves due to the disease of the defendant, they only committed such acts with the intention of defending a political party, so the intention of assault cannot be recognized.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (10 months of imprisonment) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts and circumstances based on the evidence duly adopted and investigated by the lower court as to the assertion of misunderstanding of facts and legal principles: (i) the victim C, D, G, L, and M are consistent with the facts charged in the instant case; (ii) the victim’s behavior at the time of the instant case; (iii) the victim’s developments leading up to assault from the Defendant; and (iv) the victim’s previous and subsequent circumstances (when the evidence records of the instant case 12-15, the lower court 2020 senior group 3693, the lower court 13-16, the evidence records of the instant case 3693, the lower court 2020 senior group 380, the lower court 2020 senior group 4527 senior group 13); and (v) the credibility of the victim’s statement is supported by CCTV, etc. taken into account the victim’s mental health at the time of the instant case; and (iii) the Defendant did not have any justifiable reason for the victim’s own act at the time of this case.

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