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(영문) 서울서부지방법원 2018.10.11 2018노984

특수폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) was not found to have taken the victim E’s head into the glass cup, as stated in the facts charged of this case.

The statements made by the victim and the F in line with the facts charged in the instant case are not reliable because they are inconsistent or changed.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the following circumstances are revealed.

① Before the occurrence of the instant crime, the Defendant had f and vagabonds on the ground that F, who was the first executive of the victimized person, reported himself to himself.

At the time, the defendant was punished by the F and Silvers, while the defendant was serving in the military, and the defendant was left in the military when the defendant f and Silvers in the military.

② The victim was able to put the victim at the police station, “after that, the Defendant was able to take a bath and threaten him to do so, and it was difficult for the victim to put him/her on the face of the backhead and face of the World Cup.

“The first statement was made.”

The victim was investigated by the police as the person who was under investigation and was about to return to the police, and there was a vagabonds between the defendant and the victim.

The defendant's knee and knenee are also faced with the free cup in the case of the Korean World Cup in which the defendant had the knee and knee.

“The statement was made”.

③ In the court of the court below, the victim saw the Defendant’s desire before the provisional calculation, while taking the Defendant’s desire to do so, the victim saw the Defendant’s only to the low scarcity and vagabonds.

At the time, the defendant was aware of the defendant's conduct, and the defendant did not directly get off or get out of the bar.

In addition, the defendant is taking a fighting place after the accident, and the defendant fighting has been fighting with his own stude.

On the side of the entrance, there is a display place on the left side, there is a turf, a turb, a turf, and a turf, and the defendant has a turf.