beta
(영문) 수원지방법원 2018.11.20 2018노4001

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal has no record of assaulting the victim by taking the victim's title once as stated in the facts charged.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant’s act of assaulting the victim’s timber as stated in the facts charged can be acknowledged.

① The victim appeared in the court of original instance and stated to the effect that “the Defendant was stroke (or stroke) by hand.”

② At the time of the instant case

F There is no dangerous behavior in the court of the court below, such as "the victim was seated in person, and the defendant was about to do so."

In order to punish the defendant's severe will and autopsy, the victim was pushed down.

The defendant changed the victim's name and removed the victim's name, and thereafter the victim is called the victim.

The purpose of this paper is to release and work together.

“The lower court made the statement.”

③ At the court of the court below, E showed that “The defendant was able to go back to the victim, and what he did.”

Last, as the victim gets off, it seems that the victim was flicked, and the victim stated why he was flicked to the defendant.

“The lower court made the statement.”

(4) There is a difference between the victim and the F and E in some expressions, but there is no qualitative difference in the pattern of the act.

Comprehensively taking account of the statements made by the victim, F, and E, the fact that the defendant was assaulted by cutting down the parts of the victim and f, can be recognized.

Therefore, the defendant's assertion is without merit.

3. 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 groundless.