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(영문) 서울동부지방법원 2017.01.13 2016노1524
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was guilty of the facts charged of this case, by misunderstanding the fact that he flatd with the victim, and flatd with flatd with flat, without any fact in the victim’s face with drinking as stated in the facts constituting the crime in the judgment below, and the victim’s face was faced in the course of flating. However, the court below erred by misapprehending the fact that the Defendant was guilty, thereby affecting the conclusion of

B. The sentence sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the lower court as well as the following circumstances admitted by the testimony at the court of the first instance of C as to the assertion of mistake of facts, the Defendant may be found to have inflicted an injury upon the victim by taking advantage of his face at a time as stated in the lower court’s reasoning, and thus, the Defendant’s assertion of mistake of facts is rejected.

The victim, from the investigative agency to the court of the court below, was in existence as a result of the defendant's parent C, D, and parking problems. The defendant appeared to have taken the left face of the fake, and thereby, he suffered internal and satisfying, etc.

As the statement is made, the credibility of the statement is recognized because the statement is consistent in its main part, and there is no particular lack of rationality or contradiction (it is too minor to see that the defendant's statement is too minor, i.e., circumstances pointing out the credibility of the victim's statement, i., circumstances that point out the credibility of the victim's statement, i.e., the defendant's statement is not consistent in some part, or it is difficult to expect accurate and objective memory as a person who was a unilateral assault, in light of the fact that it is difficult to expect accurate and objective memory, that alone does not constitute a circumstance to dismiss

C. D. The defendant's defense is changed.

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