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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2015.07.02 2014노1655
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fact-finding) is that the defendant did not assault the victim E as stated in the decision of the court below, but the court below found the defendant guilty of the facts charged of this case.

2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by the lower court, the Defendant could sufficiently recognize the fact that the Defendant committed an assault against the victim as stated in the lower judgment, and thus, the Defendant’s assertion of mistake of facts is without merit.

The victim stated in the investigative agency and the court below's decision that "When the victim went to the defendant's shop to receive the price of goods, and has been in dispute with each other, the victim "the victim is money and is not allowed to get the goods," the body of the victim is pushed down several times with his/her chests and hand, and the victim brought an article against the face of the victim due to his/her fingers," in detail and in detail, the details and circumstances of the assault, and the situation where it is reasonable to explain.

B. At the time of the instant case, F, a witness, also made a statement in substitution with the victim’s statement in the investigative agency and the original trial court.

C. However, the victim's statements are not somewhat consistent in relation to whether the defendant's husband, I was in the scene, and there is a difference between the victim and F.

However, considering that the victim's statements are consistent with the victim's statements as a whole, the victim's and witness's statements coincide with the overall, and there is a limit of natural memory depending on time flow, the credibility of the victim's statements and witness's statements cannot be rejected solely on the above circumstances.

At the time of the instant case, not only the Defendant, but also the victim reported to the police, and the degree of the instant assault is relatively minor. In light of the fact that the victim visited the police station on the day of the instant case and received the instant case, the victim.

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