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(영문) 서울중앙지방법원 2018.10.04 2018노1271
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) was unilaterally committed by the victims, and there was no assault against the victims as stated in the judgment below.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant can sufficiently recognize the facts of assaulting the victims as stated in the judgment below, and the witness H’s statement at the court below does not interfere with the above recognition.

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

① The victims stated in an investigative agency and the court below specifically and in detail the details of the Defendant’s assault.

However, although the statement on the method of violence and the damage side is somewhat inconsistent and some of the contents are unclear, as a whole, the defendant committed an assault in the course of dispute with the victims, it is consistent with the facts charged, and it is sufficiently reliable even in light of the background of the dispute between the defendant and the victims and the situation at the time.

② According to the results of the reproduction of cell phone image CDs (Evidence No. 27), it is recognized that the defendant was fighting with the victims by unilaterally booming with victims rather than unilaterally assaulted by the victims.

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

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