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(영문) 서울남부지방법원 2019.09.17 2018노362
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) is that the statement and recording of the victim as evidence of guilt in the original trial are not reliable, but the judgment of the court below which found the defendant guilty is erroneous in misconception of facts and misapprehension of legal principles.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: ① the victim consistently stated the details and circumstances of the assault committed by the police and the defendant at the court of the court below; ② the victim’s photograph taken on the day following the crime day of this case, it can be confirmed that there was a hole that can be deemed to have been done on the part of the victim’s arm’s length stay room; ③ the recording of the victim’s site was conducted by the victim, which can be seen as having been punished by violence between the defendant and the victim; ② the victim did not immediately conflict with the victim’s “when the victim was committed” and the victim did not immediately report it to the police officer after receiving the victim’s answer to the crime of this case, and ④ the victim did not report it to the effect that the victim did not report it to the police officer at the time.

Therefore, we cannot accept the defendant's assertion of mistake and misapprehension of legal principles.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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