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(영문) 서울북부지방법원 2019.09.20 2019노1043
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is that the Defendant only shakes the victim’s bags, did not see the victim’s inner part of the envelope with the document envelope, and did not have the intent of assault.

2. In full view of the following circumstances that can be recognized by the evidence duly adopted and examined by the court below, i.e., (i) the victim prepared at an investigative agency a written statement stating that “When the victim was in conflict with the defendant as a parking problem, the defendant took the entire face face in a color document,” and (ii) the CCTV images at the time of the instant case are recorded on November 22, 2018, where the defendant assaults the victim’s face one time with an envelope at document around 12:57:39 (the time indicated in the above image). In full view of these circumstances, the fact that the defendant assaults the victim’s face as recorded in the facts charged in the judgment of the court below is sufficiently recognized. The judgment of the court below that found the defendant guilty of the instant facts charged is just.

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

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

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