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(영문) 의정부지방법원 2012.10.18 2012노1522
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not constitute assault against the victim C as stated in the facts charged, but the court below found the Defendant guilty of the facts charged in this case, and there is an error of law by mistake of facts.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated in the court below, namely, ① the victim made a statement consistent with the facts charged specifically and consistently, ② the witness witness and witness E of the court below, who is the defendant’s father, stated that “the defendant took a view of the victim’s face with the victim’s voice while being pushed ahead of the victim’s wall,” which correspond to the facts charged (see, e.g., Supreme Court Decision 30 pages), ③ the victim and the above statements of the above E are not found to be false or erroneous (see, e.g., Supreme Court Decision 30 pages), and there is no error of law that affected the conclusion of the judgment by misconception of facts in the judgment of the court below, even if examining records, it cannot be found that the defendant committed an assault to the victim as stated in the facts charged.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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