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(영문) 서울서부지방법원 2016.08.11 2016노493
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is as follows: (a) at the time of the instant case, the victim C expressed the Defendant’s desire to sustain the Defendant; (b) the victim took the Defendant’s fingers, thereby subtracting the victim’s fingers by pushing the Defendant’s fingers and playing his fingers; and (c) there was no assault by the Defendant, as stated in the facts of the lower judgment, at the time of two times the victim’s inner part of the victim’s fingers as his fingers, and thus, (d) the lower court erred by misapprehending the facts and adversely affecting the judgment.

2. The judgment of the court below is consistent with the evidence duly adopted and investigated by the court below, i.e., ① from the investigative agency to the court of the court below, the victim C testified to the effect that “the victim was a bus driver at the time, who took a bath to and rejected the bus driver at the time,” and “the victim called the bus driver as soon as possible to the defendant,” and “the victim was at the time when the victim was faced with the victim’s face while the victim was faced with a bus engineer, and the victim was able to see the victim’s seat and when the victim was faced with the victim’s head.” The victim’s image and CCTV taken at the time also conforms to the victim’s statement in lieu of the victim’s statement. ③ The victim’s use of the photograph taken by the victim at the time corresponds to the victim’s photograph and CCTV at the court of the court of the court below and the court of the court of the court below, and there was no defense that the victim was the victim’s finger, but there was no reason for the defendant’s defense in the investigation agency to the effect.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the ground that it is reasonable.

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