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(영문) 수원지방법원 2020.01.17 2019노5959

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the victim D has been in different ways while the defendant is divided into E, and the victim has a physical contact with the defendant in a situation where he is going out to outside his hands first. As such, the defendant does not extend to his hands or exercise the force of force toward the part of the victim's body.

Therefore, even though it is difficult to conclude that such act of the defendant constitutes an assault with intent to commit an unlawful assault as referred to in the crime of assault, the court below convicted him of the facts charged in this case, and there is an error of misunderstanding of facts and misunderstanding

2. The judgment of the court below is based on the evidence duly adopted and investigated by the court below, i.e., ① the victim stated in the investigative agency and the court of the court that the defendant had pushed his arms at the time of the trial to the effect that the defendant had pushed his arms at the time of the trial, and when the victim strongly resisted the defendant's behavior that the victim "drawing so" as to the defendant's behavior, since the victim took a CD (Evidence 13,14 pages) at the scene of the case where the situation was recorded, the defendant is judged to have exercised his physical power at the time. ② E at the time of the case, also at the court of the court of the court of the court below stated that "E at the time of the case was "the defendant's selling of the victim" at the court of the court of the court below (No. 64 pages of the trial record), ③ the defendant was the head of the regional housing association of the district housing association and the victim was the head of the association, and there was no conflict

In light of the fact that it is difficult to see that the victim or the victim was not the defendant, etc., the facts charged of this case can be fully recognized.

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.