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(영문) 서울중앙지방법원 2016.08.26 2016노1859
폭력행위등처벌에관한법률위반(상습폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the lower judgment, did not have been aware of the victim’s flaps and flapsing the victim’s flaps on one occasion and received her chest as her head after her flapsing.

The defendant was placed in a position with the victim, and the victim was tightly seated with the victim, and only pushed the victim's chest and neck with his left hand.

party defense constitutes a legitimate defense.

B. The punishment of the lower court is heavy.

2. Determination

A. 1) Comprehensively taking account of the evidence examined by the lower court, the following facts and circumstances are acknowledged.

The facts that the defendant assaulted a victim as stated in the judgment of the court below can be recognized based on such facts.

(1) The victim was assaulted by the defendant at an investigative agency and a court of original instance as stated in the original judgment.

The term "" refers to the following.

The victim's words are specific, consistent and reliable.

② At an investigative agency, G and F read that “a defendant assaultss a victim as stated in the judgment of the court below,” and they correspond to the victim’s horses (a witness appears in the court below that he saw the victim to have flab and pushed the flab and pushed the victim, but did not directly see that he flab the victim’s drinking.

The words were changed.

However, considering the following facts: (a) the victim, who was taking a retaliation against the defendant immediately after the instant case, agreed without any condition; (b) the same criminal record and the defendant’s usual character and behavior reached 34 times by the defendant; and (c) the witness was examined after six months of the commission of the instant crime, the witness appears to have changed the victim’s words favorable to the defendant due to fear of retaliation, etc.

the statements made by witnesses in an investigative agency are more reliable;

(3) The Defendant was arrested as a current offender by the police who was dispatched after receiving 112 reports on the fact that “the head of the State gets out of interest.”

The current arrest document prepared by the police officer for arresting the accused.

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