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(영문) 부산지방법원 2016.04.28 2015노3560

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant, who was galed by the victim at the right time, is prone to the victim's booming of the defendant, and the victim's booming of the defendant, but there was no intention of assault.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) the victim took a bath by the investigative agency when the victim took a bath because the defendant at the investigative agency was narrow and narrow, but the defendant took a bath and turns on the way; and (ii) the victim took a bath.

“The statement to the effect that” is stated, and ② the Defendant also made at an investigative agency a statement to the effect that “A” was “A” and the lower part of the victim’s title was made once.

In light of the Defendant’s statement, in full view of the fact that the Defendant appears to have committed an assault against the victim, as stated in the instant facts charged, and the intent of the assault is recognized. In full view of the fact that the Defendant, as described in the instant facts charged, appears to have committed an assault against the victim, is recognized.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is an error of law by mistake of facts as pointed out by the defendant.

subsection (b) of this section.

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.