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(영문) 서울남부지방법원 2018.01.26 2016노2447
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is that the defendant, by his/her hand, has not supported the victim's clothes or walked with his/her hair.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the defendant asserted that there is no consistency in the victim's statement on the part of the assault (the left buck or the right buck, clothes, or chests). However, the victim stated on the first written statement submitted to the police "after entering it into the right buck," the victim changed it into the "on the left buck," and stated the part that is fit from the defendant in the investigation process and the court of the court of the court below, with the exception of "the part that is fit," and the part that the defendant stated in the investigation process and the court of the court of the court below consistently, and the police officer dispatched to the scene was also in compliance with the right buck.

At the same time, the left side of the buck and the body was in line with the body of the person.

the Corporation.

(2) On January 12, 2017, the Defendant stated in this Court on January 7, 2017, the Defendant was sentenced to a fine of 200,000 won on January 20, 2017 due to the Defendant’s act of assaulting the victim’s head on one week prior to the instant case, 1-2, 1-2, and walking the left friend on one occasion, and became final and conclusive on January 20, 2017. In full view of the following, the Defendant is sufficiently recognized that the Defendant used the victim as described in the facts charged of the instant case, by taking into account: (a) the Defendant’s act of assaulting the victim, as described in the instant facts charged.

Therefore, the judgment of the court below that found the defendant guilty of the facts charged in this case is just, and the court below did not err in the misapprehension of facts alleged by the defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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