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(영문) 서울동부지방법원 2016.08.19 2016노513
폭행
Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the judgment of the court below against Defendant B, the sentence of the court below that sentenced Defendant B to KRW 1,50,000 is too unreasonable in light of the fact that Defendant’s mistake is divided, and that Defendant lives very difficult without any particular import.

B. As to the non-guilty portion of the judgment of the court below by the prosecutor, according to the statements of B and F as well as the photographs of damaged parts, etc., Defendant A assaulted Defendant B.

Even though a seal may be determined, the lower court erred by misunderstanding facts, thereby adversely affecting the conclusion of the judgment.

2. On the grounds for the prosecutor’s appeal

A. The summary of the facts charged is as follows. The summary of the judgment of the court below regarding the acquittal is as follows.

Defendant

A around November 26, 2014, around 23:40 on the front side of Gangdong-gu Seoul Metropolitan Government E, used a baton b and parking problem, and used a baton b in his hand.

B. (1) The lower court found Defendant A not guilty on the grounds that each of the statements made by B and F is difficult to believe as it is, and the other evidence submitted by the prosecutor alone is insufficient to recognize the facts charged of the instant case. The lower court found Defendant A not guilty on the ground that, according to the black image of the black box where the scene was taken, Defendant A could not find the head of b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b

(2) In light of the foregoing, the lower court’s aforementioned determination is justifiable, and there was an error of misunderstanding the facts, as otherwise alleged in the ground of appeal.

It does not appear.

3. Defendant B-.

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