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(영문) 청주지방법원 2017.11.03 2017노599
폭행
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the above judgment is publicly notified.

Reasons

1. The summary of the facts charged in this case, which the court below found guilty and sentenced to a fine of KRW 300,000,000,000, is as follows (The court below stated that it appears to be a clerical error in the “Yuk-gu”, but it appears to be a clerical error in the “Yung-gu”). The defendant is the mother of C (the complainant, 21 years of age, hereinafter “appellant”).

On July 31, 2016, the Defendant assaulted the complainant at his/her hand on the ground that the complainant, including the complainant, and his/her family members, who were drinking together with his/her family members, were taking an examination against the Defendant’s child, at the main point of “E” located in He/she Young-gu, Chungcheongnam-gu (hereinafter “the main point of this case”).

2. The summary of the grounds for appeal does not contain any assault identical to the above facts charged against the complainant.

The Defendant, at the main point of the instant case, tried to take the examination of the Defendant’s children out of the site of the defect, while drinking with the complainants, etc.

However, at that time, the complainant was seated on the job by putting the defendant.

In other words, the defendant tried to go out of Korea, and the complainant again put the defendant into Korea is the whole of them.

Even if the Defendant had contacted the Appellant’s breast part in the process of spreading the Appellant, the Defendant had the intention of assaulting such act.

It is difficult to see it.

Even if it is not done, it should be viewed as an act that does not violate the social rules because it does not go against minor contacts accompanied by the process of the act by the senior defendant scarin's scarin's scarin's scarin's scarin.

Nevertheless, the court below found the defendant guilty of the facts charged in this case, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

3. Determination on whether a deliberation was made

A. (i) The original judgment recognizes the facts charged in this case, based on the examination of the evidence supporting the facts charged as stated by the court below.

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