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(영문) 울산지방법원 2015.01.30 2014노901

폭행치상

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that at the time of the instant case, the victim was prevented from delivering the printed matter to the members of the church and from entering into the church, and there is no citizen of the victim.

Nevertheless, the court below erred by misunderstanding the facts charged by finding the defendant guilty.

2. Around 10:15 on November 25, 2012, the Defendant assaulted the victim G (V, 53 years old) against the 3rd floor of the Fridge in Ulsan-gu, Ulsan-gu, by making it difficult for the victim, etc. to have the victim, etc. go beyond the ground floor so fast as well as to have the victim, etc. go beyond the upper floor of the Fridge.

As a result, the Defendant caused the injury to the victim of a climatic base and a tension, which requires a medical treatment for about two weeks.

3. The Defendant asserted to the same effect as the above argument in the lower court. In light of the evidence duly admitted, the lower court acknowledged the circumstances as indicated in its reasoning, and determined that the Defendant was able to have suffered bodily injury on the ground by pushing the victim’s hand, etc. over the ground floor and the victim suffered bodily injury on the Gyeong-kin and the tension.

The above judgment of the court below is examined closely by comparing the records of this case including the statement of the witness at the trial. The above judgment of the court below is just and it does not contain any error of law that affected the conclusion of the judgment by misunderstanding the facts pointed out by the defendant and defense counsel. Thus, the defendant and defense counsel's assertion is without merit.

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