상해등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal reveals that the Defendant was able to talk with the victim, and the victim was only able to take clothes of the victim when she escaped, and did not see the victim. The Defendant did not go beyond the victim.
Nevertheless, the lower court found the Defendant guilty of the instant facts charged erred by misapprehending the legal doctrine.
2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim submitted a written statement specifically stating the damage to the police following the date of the crime of assault in this case; ② the victim specifically submitted a written complaint stating the damage to the police after the crime of assault in this case; ② the victim was investigated by the police on July 3, 2017 after 4 days from the date of the crime of assault in this case; ③ the victim stated the damage in the court of the court of the court below; ③ the victim’s statement from the investigative agency to the court of the court of the court below did not find any circumstance to suspect credibility, such as consistent and inconsistency with the contents of the victim’s statement; ④ the victim’s photograph (2: 18, 19 pages of the evidence record) and CCTV video (1: 17 or 22 pages of the evidence record); ⑤ the victim’s statement in this case’s crime of assault in this case after receiving a report from the police officer before the victim was dispatched to the police officer; ③ the victim’s right to receive witness evidence from the police officer on the date of this case (34.
Therefore, the defendant's assertion of mistake 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.