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(영문) 서울남부지방법원 2015.10.23 2015노192

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the Defendant only dice dancing a portable camera to the victim who takes a bath, and there is no fact that the Defendant dice of the victim’s snow part, such as written in the facts charged, was able to bring the victim’s eye into a portable camera.

2. The evidence duly adopted and examined in the judgment of the court below, in particular, the witness D’s legal statement, video CDs, and field pictures, i.e., the following circumstances acknowledged by the court below, i.e., the victim consistently stated in the investigation agency from the investigation agency to the court of the court below in relation to the process of the assault of this case; ii) the head of the victim who was at the time is placed in the front of the victim’s face by a portable camera, and ③ the defendant is recognized as dancing with a portable camera who was booming the victim who was booming. In full view of the following circumstances, the defendant can be recognized as having committed the assault as the facts charged.

Therefore, the defendant's assertion of mistake is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.