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(영문) 서울중앙지방법원 2016.04.29 2016노263
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the victim's head debt, although the defendant was found to have committed a misunderstanding of the victim's head debt, such as the facts charged, there is no fact that the victim's head debt was sealed and the victim's head was taken in drinking.

Although the Defendant’s horses are consistent and reliable, the court below held that the victim and the witness E can be trusted.

In light of the above, the defendant's argument is rejected and the facts charged are convicted.

This is against the rule of experience and logic, and it is a misunderstanding of the legal principles on free evaluation of evidence.

B. The punishment of the lower court is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined in the lower court’s argument of mistake of facts, the following facts and circumstances are recognized.

The facts that the defendant assaulted the victim as stated in the facts charged can be recognized based on them.

(1) The injured party at the investigative agency and the court of the court below held that "the accused was on the left side of the victim's head debt and play in drinking."

The Defendant stated that he was unfashed by E while he was unfashing.

The words on the method or circumstances of violence can be believed in a concrete and consistent manner.

② E, witnessing the scene of the instant crime, in the investigative agency and the court of the court below, there was a shot of the female to live in the new wall on the day of the instant case, and the Defendant was shaking the victim’s head debt.

The defendant continued to remove the victim's head as he/she does not keep his/her head."

3. There is no special contradiction between the horses of the victim and the horses of the victim, and there is a reason for E, who has no special relationship with the defendant or the victim, to be disadvantageous to the defendant or to make a statement favorable to the victim.

It is difficult to see it.

E’s words may be trustable.

B. The circumstances and records revealed by the lower court in the grounds of sentencing are as follows.

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