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(영문) 서울서부지방법원 2014.08.14 2014노163

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the court below found the defendant guilty of the facts charged, in spite of the fact that the victim was able to have a dular with the victim in order to prevent the victim from insulting and stopping the defendant, but the victim was not able to less than the back of the victim as stated in the judgment of the court below.

2. In light of the circumstances acknowledged by the evidence duly adopted and examined by the court below, such as the defendant's legal statement in the court below and the victim E's investigative agency's statement, i.e., the defendant made a statement that recognized all the facts charged during the second trial of the court below; H also the witness stated that the defendant was able to take back the back part of the victim; and the victim made a immediate report immediately after the case, it can be sufficiently recognized that the defendant committed an assault by cutting down the back of the victim and destroying it as stated in the judgment of the court below. Thus, the defendant's assertion of mistake of facts is without merit

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