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(영문) 서울남부지방법원 2018.01.11 2016노1733
폭행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not assault D or E.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B) The Defendant did not inflict any injury on G by pushing ahead of G’s chests, leaving his hair with a chest for bicycles, and leaving the hair for bicycles.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

2) In light of the fact that the Defendant unilaterally asserted the sentencing, the punishment (1.5 million won penalty) imposed by the lower court is too unreasonable.

B. According to the evidence submitted by the Prosecutor, including the victim’s statement, the Defendant’s assertion of misunderstanding of facts (as to the part of the judgment below’s acquittal) and the evidence submitted by the Prosecutor, it is recognized that the Defendant inflicted an injury on the part of the arms under the following arms by cutting the steel with a high-tension injection.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B) It is recognized that the Defendant interfered with the main business in light of the Defendant’s behavior inside and outside of the H main points recognized by the evidence submitted by the Prosecutor, including the victim’s statement.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2) In light of the fact that the defendant denies the crime and that there is no agreement with the victims, etc., the sentence (1.5 million won in penalty) sentenced by the court below is too uneased and unfair.

2. Determination

A. (1) Determination of the Defendant’s assertion of mistake of facts is based on the evidence duly admitted and investigated by the lower court as to the part of the crime of assault, i.e., J and N of the case at the time.

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