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(영문) 인천지방법원 2015.07.10 2015노153

폭행

Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. The abstract of the grounds for appeal does not assault the victim;

2. The following circumstances, which are acknowledged by the court below by comprehensively taking into account the evidence duly admitted and examined by the court below, i.e., the victim has consistently stated the facts constituting the crime of this case from the investigative agency to the court of the court below, the circumstances on the day of this case, the process and method of assaulting the victim, etc., the credibility of the statement is recognized, as it does not appear to be any particular contradictions or in some nature, and even DNA who has observed the situation at the time stated that the defendant was breath and breathing the victim's head, and the contents of the statement correspond to the victim's above statements, it can be sufficiently recognized that the defendant committed the crime of this case as stated in the facts constituting the crime of this case in the judgment of the court below.

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. The court below's decision and the court court's decision are delivered with the defendant by applying Articles 191 (1), 190 (1), and the main sentence of Article 186 (1) of the Criminal Procedure Act on the costs of lawsuit at the