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(영문) 광주지방법원 2015.05.14 2014노2297

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant only has brought about a dispute with the victim, and there has not been an attack or assault against the victim.

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

(1) The victim has consistently stated in the investigative agency (six pages of investigation records) and the court of original instance that the defendant's body was pushed down twice by hand, and credibility is recognized in light of the fact that the victim reported the situation of assault to 112 at the time of the case.

② A witness E has consistently observed a witness in an investigative agency (the 13th page of the Investigation Record) and the court of original instance. E has been present at the time of the instant case where the victim was a staff member of the victim at the time of the instant case, and the victim was present at the scene, and it was said that the victim was a assault even if the victim was secret, and in light of the fact that the witness made a detailed statement that the defendant was sealed the victim’s chest at his own will (the victim and E were in the front place at the time of the instant assault, it is difficult to see that the part of the victim and E’s statement was false in light of the fact that the victim and E was in the front place at the time of the instant assault, and even according to any statement, the fact that the Defendant abused the victim at the time of the instant case, and the victim was reported to the police at the time of the assault and reported to the victim at the time of the instant case, and the victim was dispatched to the scene during the process of the assault and reported to the police.

Contrary to this, H’s statement is outside to the extent of five minutes at the time of this case, the situation was observed, and when it was re-entered into the agenda, the victim.