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(영문) 대구지방법원 2015.06.12 2014노3584
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles as to facts, which affected the conclusion of the judgment, although the defendant did not know the victim's identity.

2. According to the evidence duly adopted and examined by the court below, the victim stated from the investigative agency to the court of the court below that he was injured by the defendant as stated in the judgment of the court below, and it is acknowledged that E also stated that the defendant was witnessing to assault the victim from the investigative agency to the court of the court of the court below, and unless there are special circumstances to suspect the credibility of the above statements and the remaining evidence at the time of the judgment of the court below, it can be sufficiently recognized that the defendant committed the crime as stated in the judgment of the court below.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts.

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

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