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(영문) 수원지방법원 2014.11.03 2014노1186
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not assault the victim.

Since F, the only witness, is between the victim and the victim, the statement is not reliable, and there is no clear evidence that the defendant assaults the victim.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

2. According to the evidence duly adopted and examined by the court below, the victim has consistently stated from the investigative agency to the court below on the background of the case, the facts of damage, and the part of injury, etc., and the witness F’s statement also supported the victim’s statement.

In light of the fact that F is the resident of the Gosiwon in which the defendant was living, the victim is the chief secretary of the Gosiwon, and F is a witness of the case at the time of the case, there is no circumstance to suspect the credibility of the witness's statement.

Therefore, since the facts charged in this case is sufficiently convicted, there is no illegality of mistake of facts in the judgment of the court below.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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