Text
The defendant's appeal is dismissed.
Reasons
Since the defendant did not assault the victim, the judgment of the court below which found him guilty of the facts charged is erroneous in the misapprehension of facts.
Judgment
In light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant can be recognized as having abused the victim.
(1) A victim made a concrete and consistent statement on the background, details, reason, etc. of the assault (No. 12 through 16 of the evidence record, No. 43, 47, 49 of the evidence record) and the circumstances in which the statement by the victim would be false do not appear.
② While the Defendant is dissatisfied with the process of the preparation, I would like to provide the victim with treatment because I would like to “I would like to see (2) the victims who were in the same manner as on November 18, 2014. 7:45.
3. The E made a statement that “the victim had talked with the prisoner in the same ward (the page 70 page of the evidence record)” (Article 70 page of the evidence record). The F made a statement that “the victim expressed that “the victim was able to see that the Defendant would go to Televisionly in front of the victim in order to provide meals on November 30, 2014” (Article 57 page of the evidence record). Accordingly, the Defendant’s assertion is not acceptable.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.