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(영문) 서울서부지방법원 2019.05.16 2018노1283
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged of this case in the absence of an assault against the victim by using the victim's timber as stated in the facts charged, etc., is erroneous in the misapprehension of facts which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined by the court below and the trial court. ① The victim stated in the statement submitted to the investigation agency immediately after the crime of this case that the defendant was faced with his own title and the wall twice, and the defendant was faced with his own title on two occasions in the police investigation conducted on July 17, 2017. The court stated that the defendant was faced with two times, and that the defendant was towed into the wall and pushed the wall once again. The court of the court of the court below stated that the defendant was first sealed by the defendant, and it was consistent with the main part on the whole process of violence, ② The victim's wife at the time was satisfy by the external shock, etc., and ③ The victim's speech and the police officer at the time appeared to have been dispatched to the scene without any special reason between the defendant and the victim's defense counsel at the bar and the police station at the time of this case.

The Defendant had her mother to C, and added a flab, with his her mother.

Then, it is necessary to enter the Seodaemun as the main body of the Seodaemun.

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