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(영문) 서울동부지방법원 2014.08.22 2014노640
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. At the time of the summary of the grounds for appeal, the victim D gave insult to the defendant who seeks to do coffee, and the crime of this case was not spreaded to D's chest, but was naturally spread to D's chest in the process of dumping it on the floor, but was found guilty. However, the judgment of the court below is erroneous in the misapprehension of facts.

2. The judgment of the court below acknowledged the following circumstances based on the evidence duly adopted and investigated by the court below, i.e., (i) the victim D has made a concrete and consistent statement that the defendant followed the defendant and spreaded the hot coffee to the chest because he had the defendant attached the defendant at the investigative agency; (ii) the defendant had the intention to leave the coffee to the bottom of the coffee, if the defendant was placed in a photograph, he was placed on the part of D's clothes, and (iii) the defendant was found to have been close to D as much as possible, as he would not want to be seen in a insult, as he wanted to have a shot pipe, and it appears that the defendant was sufficiently aware that he spreaded the tea to D in light of the physical distance between him and D; and (iv) even if the defendant was insulting at the time, the defendant's act of assault and insult could not be justified, as stated in the judgment of the court below.

Therefore, the defendant's above assertion of mistake is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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