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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2016.11.10 2016노2061
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is only sufficient to obtain consent from the victim, and there was no assault against the victim as stated in the facts charged of this case.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim made a consistent statement from the investigative agency to the court below that he was faced with the face face of the victim by his head, and thereafter he made a statement without hiding the circumstances unfavorable to him. In light of the attitude, contents and the body of the victim, the credibility of the victim's statement can be acknowledged. ② G and H, who was the witness at the time of the case, made a statement to the investigative agency and the court below to the effect that the defendant committed an assault against the victim at the investigative agency and the court below, and there is no special circumstance to suspect the credibility of the above witness's statement at the investigative agency and the court below. ③ The defendant made a statement at the investigative agency that the victim was hard to see the victim's face with his head in order to prevent himself from being sealed, and the defendant made a statement at the court below that he was unable to exercise the victim's ability first, and the defendant's head was sufficiently able to use the victim's body.

or the defendant who has more assaulted against the victim.

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