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(영문) 수원지방법원 2016.04.22 2015노5580

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal did not assault the victim's chest, the court below found the defendant guilty of the facts charged in this case. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below, namely, the victim has consistently stated the details and details of the assaulted by the defendant from the investigative agency to the court of the court below, and the explanation of the situation does not seem to be contradictory or unreasonable; and apartment security guards E, which used ballot boxes for voting at the time, directly viewed that the defendant's chest was sealed by the victim.

A statement is made and the content of the statement is generally consistent with the victim's statement, and unlike the victim and E are making a false statement in order to mislead the defendant.

In full view of the facts that it is difficult to find out special circumstances, the judgment of the court below is justified, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment, since it is sufficiently recognized that the defendant committed an assault against the victim's chest as stated in the facts of crime in the judgment below.

subsection (b) of this section.

Therefore, the defendant's assertion is without merit.

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.