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(영문) 대전지방법원 2015.09.10 2015노1217
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim at the time of the instant case.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. The crime of assault stipulated in Article 260 of the Criminal Act regarding the assertion of mistake of facts refers to the exercise of tangible force against a person’s body (see, e.g., Supreme Court Decision 2000Do5716, Oct. 10, 2003). The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the court below, are ① the defendant, as well as the investigative agency and the court of the court of the court of the court below, extension to the victim’s hand, and the victim’s hand contacted the victim’s part.

The statement made to the effect that the victim was faced or faced (the 26th page of the trial record, the 13th page of the evidence record), the fact that the defendant's grandchildren contacted the victim's hand is recognized. ② The victim stated in an investigative agency and the court below that the defendant was the victim's hand at the time of the instant case (the 42-43 page of the trial record, the 7th page of the evidence record), and the statement concerning the situation at that time does not seem to have made the victim's false facts specifically and in detail. On the contrary, there is no special circumstance to deem that the judgment of the court below on the credibility of the testimony made by the victim at the court below was clearly erroneous, or there is no result of additional examination of evidence conducted at the court below (see, e.g., Supreme Court Decisions 2008Do7917, Nov. 30, 2009; 2006Do4994, Nov. 24, 2006).

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