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(영문) 서울북부지방법원 2017.05.19 2016노1944
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the victim taken the Defendant’s mother by Handphones at the time of the instant case; (b) the victim extracted Handphones from the victim’s hand to take them above the line of play; and (c) there is no fact of assaulting the victim’s hand by taking the victim’s hand as indicated in the facts charged.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court fully recognizes the fact that the Defendant was deprived of the victim’s fingers by taking the victim’s hand, such as the record in the facts charged, during the process of cutting off the victim’s cell phone.

Therefore, the defendant's assertion of facts is without merit.

1) At the investigative agency and the lower court’s trial, the victim argued with the mother of the Defendant at the bar room on the day of the instant case, and the Defendant’s mother took video pictures using Handphones while she took a half-way and takes a bath.

At that time, the Defendant, by plucking or plucking the arms and Handphones, did not take the flag while appearing in the Defendant.

As a result, the pains of arms are very significant.

“The statement was made.”

There is no special circumstance to suspect the above statement.

2) According to the CCTV images of the instant play room, the Defendant was taking the Defendant’s mother by using a Handphone. However, it is confirmed that the Defendant strongly carried the Defendant’s handphone and took the handphone, and the Defendant resisted the Handphone, and the victim resisted at the port, but eventually deducted the handphone.

As alleged by the defendant, the defendant does not exercise violence and take handphones from the victim's hand, but the defendant took handphones from the victim and exercised physical power as above.

It is not reasonable to view that the degree of exercise of physical power of the defendant is up to the assault.

3. The Defendant’s appeal is without merit.

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