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(영문) 수원지방법원 2018.09.21 2018노4341
폭행
Text

All appeals filed by prosecutors and Defendant A shall be dismissed.

Reasons

1. A summary of the grounds for appeal 1) Comprehensively taking account of the evidence submitted by the prosecutor (as to Defendant B), it can be sufficiently recognized that the Defendant inflicted sacrifies, etc. on the victim A.

However, the lower court rendered a judgment of innocence to Defendant B by misunderstanding the facts.

2) Defendant A’s misunderstanding of facts and misapprehension of legal principles as follows, the lower court convicted Defendant A of the facts or erred by misapprehending the legal doctrine.

(1) The defendant's act of spreading the victim B's cell phone with his hand in order to get the victim B's cell phone with his hand away from his hand does not constitute assault under the Criminal Act.

(2) The victim B refused the Defendant’s demand to delete the conversation between the Defendant and the victim B stored in the mobile phone, and used the Defendant’s full force.

Since the Defendant committed the above act to defend it, it constitutes a legitimate defense under the Criminal Act.

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

2. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the prosecutor’s assertion of mistake of facts, the evidence alone presented by the prosecutor is insufficient to recognize the Defendant B’s intentional injury to the victim.

The judgment of the court below is justified.

(1) At the time of consistently proceeding from an investigative agency to the original trial, the Defendant: (a) at the same time, was placed on the wind where the victim gets lower and increased his/her own timber, and (b) was taken as a consequence of the occurrence of the victim, but was unaware of the fact that the victim was taken.

was stated.

At the time of the occurrence of the instant case, the victim initially concealed the Defendant’s cell phone, and the Defendant also concealed his cell phone in his clothes by cutting off his cell phone again.

The Defendant is again the victim.

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