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(영문) 수원지방법원 2015.07.09 2014노6763

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 summary of the grounds for appeal is that the Defendant was assaulted by the victim while communicating with the victim D at the building of the management office of this case at the time of the appeal, and there was no assault by the victim, such as cutting down and enjoying the neck of the victim.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below, i.e., ① the victim has consistently stated to the effect that “the defendant has committed a assault against the victim,” and the witness E of the court below who observed the site of this case also stated to the same purport; ② the content of “12 treatment” received at the time of this case also includes the statement to the effect that “the victim’s secret interest is written,” and it conforms to the above statement by the victim, etc.; ③ even if there was a dispute between the victim and the victim as a matter of apartment business, etc., even if it is difficult for the victim to deem that the victim has filed a false complaint, it is sufficiently recognized that the defendant has committed a assault against the victim, and the above argument by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit, and is dismissed in accordance with Article 191 (1), Article 190 (1) and the main sentence of Article 186 (1) of the Criminal Procedure Act on the grounds that the defendant bears the costs of lawsuit at the original

However, in the application of the statutes in the holding of the court below, it is obvious that the term "Articles 70 and 69 (2) of the Criminal Act" is a clerical error in Article 70 and 69 (2) of the former Criminal Act before the amendment by Act No. 12575 of May 14, 2014. Thus, the ex officio correction is made pursuant to Article 25 (1) of the Rules on Criminal Procedure.

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