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(영문) 부산지방법원 2018.02.09 2017노4518
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, assault against M.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. On December 22, 2017, the Defendant’s national defense counsel of the fact-misunderstanding submitted to this court a statement of grounds for appeal stating the grounds for appeal as “misunderstanding of facts, misunderstanding of legal principles and misunderstanding of sentencing,” and on January 9, 2018, the Defendant submitted a statement of grounds for appeal claiming mistake of facts in this part, and the Defendant did not explicitly withdraw the allegation of mistake at the first trial date of the trial of the first instance. Accordingly, this is also determined.

The defendant does not assault the victims or steals the objects of the victims as stated in the judgment of the court below.

B. In light of the misapprehension of legal principles, the victim G and M expressed their intention not to punish the Defendant, and thus, the prosecution should be dismissed regarding each assault against the above victims among the facts charged in the instant case.

(c)

The punishment of the court below (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below may recognize the fact that the defendant assaultss victims as stated in the court below's decision, and steals waste removal bags owned by the victim K.

Therefore, the defendant's assertion of factual mistake is without merit.

나. 법리 오해 주장에 관하여 1) 피해자 G에 대한 폭행의 점 원심이 적법하게 채택하여 조사한 증거들에 의하면, 피해자 G이 이 사건 당일 해운대 경찰서 좌동 지구대에 가서 ‘ 처벌 불원서’ 라는 제목이 부동 문자로 인쇄된 서면에 사건 경위(‘ 피고인이 피해자의 오른팔을 꾹 누르고 지나갔다’ 는 내용 )를 기재한 뒤 그 말미에 ‘ 피해가 경미하여 성 추행에 관해서는 처벌을 원치 않습니다

It is recognized that the facts attached to “” are recognized (section 114 No. 1 of the investigation record, page 72-73 of the trial record). However, in relation to the following circumstances, namely, the Defendant is related to “a sexual indecent act, assault, etc.,” at the time of the establishment of a police station.

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