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(영문) 서울남부지방법원 2012.12.06 2012노1248
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant misunderstanding of facts had stiked the victims with a threat, and did not assault the victims as stated in the facts charged in the instant case.

B. The lower court’s sentence of unreasonable sentencing (700,000 won of fine) is too heavy.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, the prosecutor examined the facts charged in the instant case at the trial, and the prosecutor saw that " around April 10, 2012, the defendant she saw drinking together with drinking at the first floor C restaurant of Yangcheon-gu Seoul, Seoul and 23:30, the victim D, who is the above restaurant, fluor, fluor, spit food spited on the table. The victim D spits the victim's brine because the victim D was under the influence of waste water, and spit it into the victim's face, so it was clear that the victim D and the victim under this case's entrance was sealed in the entrance of the victim and the victim under this case's 23:30, and it was obvious that the prosecutor changed the victim's satise and the victim's fluore of this case's satch to the victim's head of this case and the victim's 1.30 centimeters."

The defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and this is examined differently from the above.

3. As to the Defendant’s assertion of mistake of facts, the following circumstances revealed through the evidence duly adopted and examined by the lower court and the lower court, and ① The victim D from the investigative agency to the lower court.

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