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(영문) 대전지방법원 2013.07.17 2013노412

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (the fact-finding) is erroneous in the misapprehension of facts that the court below found the Defendant guilty of the facts charged in this case only with the statements of the victim and witness without credibility, and thereby affecting the conclusion of the judgment.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim and witness statement to the effect that “the victim and witness consistently expressed the victim’s child at the time when the victim was the victim’s child at the same school,” and ② the defendant also made the victim at the time of the instant case at the time of the victim’s child, and the fact that the victim’s child was found at the School Violence Autonomy Committee (29 pages of the victim’s head, and ③ at the time of the instant case, the defendant appears to have been sufficiently willing to assault the victim as stated in the facts charged. In full view of the following circumstances, the defendant’s motive to assault the victim can be acknowledged, as it appears that the victim was the victim’s child at the time of the instant case by exercising school violence.

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.