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(영문) 수원지방법원 2019.05.17 2018노2481
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) did not assault D at the time of appeal.

Nevertheless, without any other objective evidence, the lower court found the Defendant guilty of the facts charged in this case by misapprehending the credibility of the testimony of D and E, etc., which is his ward fee.

2. The following circumstances acknowledged by evidence duly adopted and investigated by the judgment of the court below and the trial court, namely, ① the victim D was investigated by the investigative agency from the time of the use of the written statement on the day of this case to the court of the court below, and consistently stated that he committed an assault against himself, such as cutting down and cutting down his shoulder and chests, etc. up to the court of the court below, up to now, there seems to be no reason for the victim, who is a security personnel of the apartment complex, to be false; ② the police I sent to the scene after receiving a report at the time, asked whether there is a fact at the time of “(the defendant)” in the court of the trial at the time, and asked the victim whether he was exactly satis, and answer that the defendant had expressed his desire for security guards. In light of the above facts, the defendant can be sufficiently recognized, and thus, the defendant's allegation is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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