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(영문) 대전지방법원 2017.08.24 2016노3709
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant reported that the injured person was scambling the body at the time of the instant case, and gave a warning to the injured person; (b) however, the Defendant did not assault the injured

However, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, since the court below acknowledged the Defendant’s assault crime.

2. The following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below, i.e., ① the victim was sleeped from the defendant due to sleeping into a grass field in the investigative agency and the court of the court below.

The statement "," and the F stated in the investigative agency that "the defendant was satisfing the victim so that the victim was satched, and the victim was satisfing."

“E” stated in the court below that “F was the sports park first and thereafter, the victim has become the victim after ten minutes.

“The victim’s statements and the victim’s relatives who observed the situation at the time coincide with all the statements, ② the victim, F, and E’s statements were born and specific, such as the description of the situation at the time, the expression of the sentiment they saw, and the contents of the conversation exchanged, so it is difficult to readily reject the credibility of the statements; ③ the victim and their relatives were the middle student at the time, and the F, and E did not have any motive to gather the Defendant. As such, the victim’s statements, F, and E operated the case in a false manner according to the victim’s mother’s death.

It is difficult to think that the defendant was the victim's parents. (4) After the lapse of 10 months from June 2014, 201, the victim's parents suffered bad appraisal of the defendant as the problem of the lease deposit, or the agreed money, the defendant filed a false complaint with the defendant late.

It is argued that the victim's side submitted the complaint of this case to the investigation agency on April 15, 2015.

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