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(영문) 수원지방법원 2020.09.07 2020노1099

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the judgment of the court below which found the defendant guilty of the facts charged in this case on the sole basis of the defendant's inconsistent statement, even though the defendant did not contain the victim's timber or chest.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the lower court’s determination is justifiable.

Therefore, the defendant's assertion is without merit.

① During the police investigation process, the victim stated that “the Defendant sent the part of the victim to the right blus.” At first, the court below made a statement to the effect that “the Defendant had gone to the surrounding part of the blusium” in the first instance court, and later, in regard to the question that “I am to the blusium and the blusium facing the blusium” on the part of the Defendant, the victim stated that “I am to the blusium and the blusium facing the blusium” on the part of the Defendant’s side, and specifically stated that the blusium was the part that was cut to the blusium from the blusium to the blusium and the blusium, and that the blusium’s statement

② 피해자와 피고인의 싸움을 목격한 E, G은 ‘피고인과 피해자가 누워서 뒹굴면서 싸우고 있었고 그 과정에서 피고인이 피해자를 누르기도 하였다’는 취지로 진술하였다.

③ Although E and G stated that “the defendant did not have the face of the victim with a elbow,” it is difficult to view that the above witness’s statement was contrary to the victim’s statement because the witness did not have been present at a fighting with the defendant and the victim from the beginning.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.