beta
(영문) 서울중앙지방법원 2013.08.28 2013노2092

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles) D merely lost the center of the delivery center and went beyond its own to keep the delivery center back, and even if D exceeded the Defendant, it constitutes a justifiable act.

2. In full view of the following circumstances, including the motive and circumstance leading up to the instant crime, which was duly adopted and investigated by the lower court, the Defendant’s assertion is without merit, as it is difficult to fully recognize the facts charged in this case that the Defendant committed assault by cutting down the victim’s lower part of d’s spath and ebbb, and spathing over the bottom.

On May 3, 2012, around 14:30 on May 3, 2012, the Defendant, who was found in order to deliver rice 40 gg of rice to the apartment of the Defendant, became a dispute between the Defendant D and the Defendant’s home delivery cost of KRW 10,000.

B. D consistently made a statement from an investigative agency to the court of the court below that the Defendant was in excess of the floor by putting the lower court’s timber and breath, and, in light of the circumstances, including the background during which the franc had been punished and the witness’s statement, credibility exists in the statement.

다. 피고인은 D이 배송비만 받아가고 영수증을 써주지 않고 가버리자 �아가 D의 뒷덜미를 붙잡았다는 점은 인정하고 있다. 라.

In the court below, the apartment security guard F, who observed the scene of crime, stated that the defendant and the door-to-door engineer are blicked with each other and they are faced with D when they were flick.

마. 112 신고를 받고 현장에 출동한 경찰이 작성한 임의동행보고서에 의하면, 피고인은 D이 피고인에게 배송비 영수증을 작성해 주지 않고 그냥 도망가려 해 D을 뒤�아가 멱살을 잡았다고 진술한 것으로 기재되어 있다.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.