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(영문) 서울중앙지방법원 2018.11.23 2018노1977

폭행

Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) has not assaulted the victim C at the right side of the victim by two times, as described in the judgment.

2. The victim, from the investigative agency to the court of the court below, has two face face from the defendant at the time of the instant case to the right side of the defendant at the time of the instant case. The victim’s statement is specifically and consistently stated in the course and part of the assault, and there is no circumstance to suspect the victim’s statement. Thus, the victim’s statement is credibility, and the credibility of the above statement is not dismissed merely on the ground of the defendant’s assertion that the location of the bank was on the top of the vehicle.

Comprehensively taking account of these circumstances and the evidence duly admitted and examined by the court below, the defendant's assertion is without merit, as stated in the judgment below.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition by applying Articles 191 (1) and 190 (1) of the Criminal Procedure Act on the burden of litigation costs per instance.