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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2019.02.12 2018노2037
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Although the defendant did not have committed a mistake of facts against the victim, the court below erred by misapprehending the legal principles regarding the facts charged in this case.

2. In light of the following circumstances revealed by comprehensively taking account of the evidence duly adopted and examined by the lower court, the instant facts charged are fully recognized.

A. On April 7, 2017, the victim stated to the investigative agency to the court of the court below that the defendant had consistently followed the D Model E, which is located in Sejong C, at around 11:30 on April 7, 2017.

B. At the time of the instant police investigation conducted by Kdo police officers, the Defendant stated, “The Defendant had gone through the victim’s back from the above model lower court to the back of the victim.”

C. H witnessing the victim’s face at the time of the police investigation, also stated that “the defendant first appeared to have been wraped by two people at the time of the victim’s backing.”

The Defendant asserts that there is no credibility in the victim’s statement because the victim stated that he was aware of the Defendant to the extent that he had well known of the screen golf with the Defendant, and that the Defendant was unilaterally abused by the victim during the above model bar, etc. However, the Defendant is not a person belonging to the sales office of the victim’s work. However, when considering that the Defendant and the victim were the persons working in the same field, it is difficult to conclude that the Defendant and the victim were well aware of the fact that the Defendant and the victim got off the screen golf several times, it is difficult to conclude that the Defendant and the victim were well aware of the fact that the victim stated that the Defendant was aware of the Defendant, and furthermore, the statement made by the Defendant that the victim was well aware of the Defendant does not necessarily mean that the Defendant and the victim were well aware of the fact that the Defendant was a unilateral assault outside the above model bar.

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