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(영문) 서울중앙지방법원 2014.10.31 2014노2550
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant: Error of facts and misapprehension of legal principles;

2. Determination on the grounds for appeal

A. (1) As to the erroneous determination of facts, the evidence duly adopted and examined by the lower court by the Defendant’s assault against the victim E, and the fact that the victim E, who was using the Defendant’s sent dancing, did not go beyond himself, and herself sited in a brush by the Defendant’s exercise of force.

We do not accept the defendant's assertion of mistake of facts against this part of the victim E, which is not confidential to the victim E.

(2) The lower court convicted the Defendant of the facts charged in the instant case by recognizing the credibility of the victim’s statement A after having undergone the examination of the witness by the victim A and the relevant witness, and by comprehensively taking account of other evidence duly admitted and investigated by the lower court. It is difficult to view that such judgment of the lower court was clearly erroneous, and even if examining the police officer G’s statement of the first instance court which was additionally investigated in the trial, it is not considerably unreasonable to maintain the lower court’s judgment.

It also does not accept this part of the Defendant’s assertion that there is illegality in determining the credibility of the lower judgment and mistake of facts (On the other hand, the lower court changed the indictment to the effect that “the victim A’s chest was 2 times at the third trial date according to the victim A’s statement in the lower court’s court trial,” and found the Defendant guilty of the modified facts charged in accordance with the evidence, and did not determine “the victim A’s side interest was 2 times at the second trial.”

The defendant's act of this case in light of the background of fighting between the defendant and the victims, the statement of the victims, etc.

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