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(영문) 서울남부지방법원 2020.08.11 2019노1260

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principle) does not assault the victim.

2. The judgment of the court below revealed the following circumstances based on the evidence duly adopted and investigated by the court below, i.e., ① the victim made a concrete statement from the investigative agency to the effect that “the defendant was at the right face of the victim by drinking to the left hand during the dispute with the defendant due to a construction work in front of the defendant,” and ② there are no particular circumstances to suspect the credibility of the victim’s statement, and it is difficult to find any particular reason or motive for the victim to report false facts or give testimony to the defendant while receiving punishment for the crime of false accusation or perjury. ③ The victim reported to the effect that the defendant was able to take care of and take time off with the land beyond the land after the occurrence of the case by phone 112, and that the police officer was dispatched to the scene, as described in the facts charged in this case, the defendant’s assertion is not justified.

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