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(영문) 서울중앙지방법원 2016.05.20 2016노632
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the victim C was aware that at the time of the instant case, the victim C was trying to raise her hand and assault the Defendant; and (b) the victim’s chest was pushed down only once by hand, and (c) the victim’s chest should die.

There was no assault against the victim when the victim's chests, clothes, etc. were sent back to drinking together with the word "."

Nevertheless, the first instance court erred in finding the Defendant guilty of the facts charged of assaulting the victim by misunderstanding the facts.

2. According to the evidence duly examined and adopted by the first instance court, the defendant must die the victim as stated in the facts charged in the instant case.

The phrase " and it is sufficiently recognized that the victim assaultss the victim's chest, clothes, etc. by drinking and assaulted the victim."

Therefore, the above argument by the defendant cannot be accepted.

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

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