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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2015.10.21 2015노1155
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) did not have any intention to assault the victim by driving his cell phone one time at the level of discipline, and there is no fact that the defendant assaulted the victim, such as 3 times blicks of face, and blicks of the victim once as described in the facts charged, etc.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Violence in the crime of assault means the exercise of force against a person's body, and the recognition and intent of the above facts are required in order to establish the crime of assault. According to CCTV video (Evidence List Nos. 9) at the time of lawful adoption and investigation by the court below, the defendant's cell phone with his own cell phone part of the victim's head (No. 6 files No. 5:48 out of the above CD No. 6 files), and as the victim resists his eye with his eye, he acted (no. 06:30 out of the above images), and continuously conflicts with A with A, and the part of the victim's face after the victim's seat was her hand at the time of the crime of assault (no. 06:50 out of the above images), it is obvious that the defendant used the victim's face for the purpose of assaulting the victim's face (no. 206:53 out of the above images) and it is found that the defendant's act of assaulting the victim's face was unlawful and unlawful.

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