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(영문) 인천지방법원 2018.08.31 2018노740
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding: The judgment of the court below which found the defendant guilty of the facts charged of this case, although the defendant had threatened the victim with a knife or assaulted the victim.

B. Improper sentencing: The sentence of the lower court (2 million won) is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mistake of fact: (i) the victim made a concrete and consistent statement from the investigative agency to the court below’s trial; (ii) the victim’s photographic image contains a hole in front part and telegraph; (iii) the victim’s location and shape appears to have been caused by assault in light of the location and shape of hole in front part; and (iii) it is difficult to view the victim’s act of having engaged in the instant cupped Cup toward the window during a marital fighting between the victim and the couple, as alleged by the Defendant, to the extent permissible in light of the following circumstances, it is difficult to view that the act indicated in the facts charged of this case is also deemed to be a socially acceptable scope; and in light of the above, the Defendant’s carrying a lethal weapon as stated in each of the facts charged of this case and intimidation the victim and sufficiently recognized the facts of assaulting the victim.

Therefore, there is no error of misconception of facts in the judgment of the court below which pronounced guilty against the defendant.

This part of the defendant's assertion is without merit.

B. The Defendant, in a de facto marital relationship with a victim, who was in a de facto marital relationship, threatened him/her with a deadly weapon, or abused the victim.

The injured party caused the Defendant’s assault to inflict damage on the part of the lower part of the body, such as making a knife the victim and making a report to the police at the time of the Defendant’s act of threatening the victim in knife and having knife the two windows.

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