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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.07.14 2015노3770
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. Although the defendant did not assault the victim C, the judgment of the court below which found him guilty of the facts charged of this case is erroneous in the misapprehension of facts.

2. In full view of the evidence duly admitted and examined by the court below, the Defendant’s statement in the victim’s investigative agency on the process and method of assaulting the victim, and the statement in the investigation report prepared by the police officer on the victim’s breath when the police officer was dispatched after receiving a report of assault at the time of the instant case also conforms to the victim’s breath statement, such as the Defendant’s breath and spathing, and the victim’s breath, and the Defendant recognized the breath of the victim’s breath in the investigative agency, and stated that all the facts charged in the instant case were recognized, such as the Defendant’s breath, as indicated in the facts charged in the instant case.

Therefore, we cannot accept the defendant's above assertion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. In accordance with Articles 191 (1), 190 (1), and the main sentence of Article 186 (1) of the Criminal Procedure Act on the grounds that all of the costs of the trial by the court below and the party shall be borne by the defendant. It is so decided as per Disposition.

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