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(영문) 수원지방법원 2012.11.01 2012노3399

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fact-finding) is that the defendant was assaulted by the victim, and there is no fact of assaulting the victim as stated in the facts charged.

2. In full view of the following circumstances, i.e., the evidence duly adopted and investigated by the court below, i.e., (i) the victim has consistently made a statement to the effect that it corresponds to the facts charged up to the court of the court below, and (ii) the victim stated in the court of the court of the court below to the effect that there was no assault against the defendant, and (iii) the victim’s statement to the effect that it conforms to the victim’s above statement, it can be sufficiently recognized that the defendant committed the assault by means of drawing in

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.