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(영문) 대구지방법원 2015.07.03 2014노3838
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant was assaulted by the victim, and even though the defendant did not assault the victim as stated in the facts charged of this case, the court below found the defendant guilty of the facts charged of this case, which affected the conclusion of the judgment by mistake of facts.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim made a statement consistent with the facts charged in this case consistently from the investigative agency to the court of the court below, ② the police at the time of the occurrence of this case: the defendant was dispatched to the scene at the time of the dispatch; ③ the victim was credibility in the victim’s statement in light of the victim’s standing level taken by the police at the time of the dispatch; ③ the victim’s motive and circumstance of the dispute between the defendant and the victim; ④ No other causes than the Defendant’s assault, other than the Defendant’s assault, can be sufficiently recognized, and thus, the defendant’s allegation is not justified.

3. 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.

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