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(영문) 서울동부지방법원 2014.12.11 2014노548
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant did not commit violence against the victim by cutting and pushing the breath of the victim, although he stated the victim's horse fighting with the victim.

Nevertheless, the lower court’s judgment that found the Defendant guilty of the facts charged of this case was erroneous and adversely affected the conclusion of the judgment.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below and the legal statement of the witness F of the party concerned at the court below, the fact that the defendant committed the assault against the victim by cutting down bridges of the victim, F, and G as a part of daily-service wage at the time, place of the charge, and the time, place of the victim, F, and G, while drinking alcohol, can be sufficiently recognized. Thus, the defendant's assertion of mistake of facts is

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

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