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(영문) 서울북부지방법원 2016.12.16 2016노1321
폭행
Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of KRW 1,500,000.

Defendant. A fine.

Reasons

1. The defendant shall not have any reason for appeal, with the victim's body contact.

The judgment of the court below which found the Defendant guilty of primary charges was erroneous or erroneous in the misapprehension of legal principles.

2. Determination

A. On October 11, 2014, the summary of the facts charged is that the Defendant, while driving his/her own vehicle, 00:53 years old on the front road in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant: (a) stated that the victim D(51 years old), while driving his/her vehicle, would block the Defendant’s vehicle and cut off the vehicle; (b) while under the influence of alcohol, he/she would make the victim be deprived of the vehicle; and (c) under the influence of alcohol, he/she expressed the victim’s desire to “a fright, fright fright, fright fright,” and assaulted the victim by drinking two times the victim’s chest.

B. The victim D stated that the Defendant was drinking at an investigative agency twice more than twice, but the Defendant was present at the court of the court below and drinking at the court of the court below, which was 1 times near the bones of the right to back, and the chest reversed the statement that the Defendant was broken down.

In addition to the defendant's female-friendly Gu F and the defendant's female-living G, H stated that the defendant does not have any fact of harming or harming the victim by drinking.

It is insufficient to view that the primary facts charged were proven without reasonable doubt only by the statement of the victim D's legal statement lacking consistency.

The primary facts charged are limited to cases where there is no proof of crime.

The court below erred in finding the Defendant guilty of primary facts charged.

3. Conclusion, pursuant to Article 364(6) of the Criminal Procedure Act, the judgment of the court below is reversed, and the following is ruled again after pleading.

Criminal facts

On October 11, 2014, 00:53, the Defendant stated that the victim D(the age of 51) would cut off the Defendant’s vehicle while driving his own vehicle, and would cut off the vehicle, while under the influence of alcohol, the Defendant expressed the victim’s “I am off the vehicle” to “I am son as her mother, Chewing friend, bitch bitch bitch bitch bitch.”

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