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(영문) 울산지방법원 2019.08.22 2019노105
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles do not constitute an act of assaulting the victim's part less than the part of the victim by hand, and even if such assault was committed, it constitutes an act that does not violate social rules.

B. The sentence imposed by the court below on the defendant (the fine of 1.2 million won) is too unreasonable.

2. Determination on the grounds for appeal

A. Determination on the misunderstanding of facts and misapprehension of legal principles 1) The summary of the facts charged is that the defendant is the chief of the bureau of the B post office, and the victim C (51) was the chief of the sales division of the D post office, and the victim was working for the D post office due to the shortage of workers of the said B post office. On March 5, 2018, the court below found the defendant guilty of the defendant's testimony, consistency with the witness's testimony, testimony, and consistency of each of the facts charged by comprehensively taking account of the defendant's partial witness's testimony, testimony, etc., and the defendant's testimony, testimony, consistency of each of the B post offices in light of the following: (a) around 15:40 on March 5, 2018.

3. In full view of the following circumstances that can be recognized by comprehensively taking account of the evidence duly adopted and examined by the court below and the court below, the court below's determination of guilty of this part of the facts charged is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles in its determination.

(1)

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