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(영문) 부산지방법원 2018.01.25 2017노4081
폭행
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. The lower court found the Defendant guilty of the instant charges, on the ground that the lower court erred by misapprehending the legal doctrine or misunderstanding the legal doctrine, although the Defendant, at the time of the misunderstanding of the fact or misunderstanding of the legal doctrine, did not have the victim flickly flat the Defendant’s head, and did not have the Defendant flickly flat, and the Defendant did not have to have his head flat the Defendant’s head flat to escape from violence.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 300,000) is too unreasonable.

Judgment

A. The evidence duly adopted and examined by the court below to misunderstanding the facts or misunderstanding of the legal principles, and, in particular, the following circumstances acknowledged by C’s legal statement in the court of the court below, namely, ① the victim, from the police investigation to the court of the court of the court of the court of the court below, i.e., “when the victim passed the event that the Defendant was seated in the subway platform, i.e., “h., death of the Defendant

J. Does the Defendant “?”

The phrase, “Aer, the Defendant,” is a member of organized violence that is not driving away for 30 years, and the phrase “a person who has reported his/her service center while making a high report.”

Therefore, the proposal " will first be reported."

The defendant marks the Handphone in a Kamera.

No. 1. “The Defendant’s arms were carried out while her arm’s length was from that time,” and the Defendant stated that the Defendant was her head debt at the time, and made a concrete and consistent statement in order of time as to the circumstances when the Defendant was assaulted from the Defendant at the time. ② The victim first fells the Defendant on the subway platform on the day of the instant case, and even in light of the situation at the time, the victim appears to have no reason to her head debt at the time. ③ The Defendant her head debt at the time.

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