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(영문) 부산지방법원 2016.06.03 2016노440

폭행

Text

The defendant's appeal is dismissed.

Reasons

Although the Defendant did not commit assault, the lower court found the Defendant guilty of the facts charged of this case.

Judgment

In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the court below's finding the defendant guilty of this part of the facts charged, as stated in the facts charged in this case, is acceptable.

The victim D consistently stated in the police investigation and the court of the court below that “I am out of home, feas (the Defendant), felling the inside house if I am out of house, and assaulted by I am slovas who were used in advance in hand by hand (the trial record 63 pages, 23,107 pages).” The Defendant’s mother made a statement at the court of the court below to the effect that I am slur and did not look at the situation at the time when I am slur, and “I am slishing and slishing the Defendant at the time” (the trial record 70 pages), and “I am slishing the Defendant,” and “I am slishing with other reliable parts, such as the trial record 73 pages, “I am slish from the time when I am slurged” (the trial record 74).

The victim D also made a concrete and consistent statement to the effect that he/she had the head of the Defendant, in dispute with the Defendant, and subsequently, he/she was found guilty on the charge of assaulting the Defendant at the time and place of the instant crime (Evidence No. 553-557 of the evidence record). However, there is no circumstance that the Defendant lost his/her mind in the same time and place as the instant case, and the body of the Defendant and the victim came to start when he/she was given a humping.