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(영문) 대구지방법원 2015.01.08 2014노352

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not have assaulted the victim, and rather was assaulted by the victim.

In addition, the defendant did not destroy the victim's right arms, and the victim has teared in the course of assaulting the defendant, or has teared in the course of the victim's self-harm.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous and adversely affected by the judgment.

2. The victim C of this case stated not only in the investigative agency but also in the court of the court below that the defendant, as stated in the facts charged, blicked the victim's head her hand, and assaulted the victim's head her, and that he damaged the victim's right arms by cutting down the victim's water.

The statements of the victim are consistent, concrete and reasonable, and the explanation of the situation is also reasonable, so credibility is recognized.

In full view of the evidence duly admitted and examined by the court below including the statements of the victim with credibility, the defendant can sufficiently recognize the fact that the defendant assaultsd the victim as stated in the facts charged and damaged the victim's doubt.

Therefore, the judgment of the court below convicting all the facts charged of this case is just, and the defendant's assertion is without merit.

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