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(영문) 수원지방법원 2017.10.20 2017노4417
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal 1) The Defendant did not assault the victim at the time of the instant case.

2) The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination 1) The Defendant made the same assertion in the lower court as to the assertion of mistake of facts.

The lower court, on the following grounds, fully recognized the Defendant’s assaulted the victim as indicated in the facts charged of the instant case.

The decision was determined.

(1) A victim has consistently stated in an investigative agency to the original trial by replacing the damaged facts, and has credibility in accordance with the statements and photographs of police officers E, etc.

The defendant asserts that there is no credibility in the victim's statement by making a statement on the part of the victimized person's violence differently from his/her ship or chest.

However, the victim specified the part close to the chest in the lower court's trial which is close to the chest.

The defendant testified that "............. the defendant pointed out that it is hard to find the victim's statement credibility.

(2) A victim is deemed to have suffered an fruit from the violence by the defendant in his elbow.

The existence of the above mentioned body can be confirmed by the photograph taken by the police, and it seems that the body has not been much long since it occurred.

③ The Defendant asserts that he was assaulted by the victim, and that he did not have any assaulted by the victim.

However, at the scene immediately after the crime of this case

E in the court below, “The defendant was interested in the situation at the time.”

The defendant expressed his desire to the victim and told the defendant.

The victim did not act to mislead the defendant.

The other police officers, while on the math of math, told the defendant as the defendant.

At the time the injured person was assaulted against the defendant at the time

It was talked, and the elbows were elbows.

“The statement was made”.

The E’s statement is related to the defendant and the victim.

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