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(영문) 서울남부지방법원 2016.12.08 2016노930
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was that the Defendant got the victim and franced on the day of the instant case, and that he said the victim as “a police box,” while leading the victim’s arms, and did not commit any assault, such as flabing the victim’s flab and spinging.

Since the Defendant was absent from the bomb and was in the absence of a bomb, it was a situation in which it was impossible for young victims to do assault.

Comprehensively taking account of these circumstances, the lower court erred by misapprehending the facts and rendering a judgment.

2. Comprehensively taking account of the evidence duly admitted and examined by the court below, the defendant could sufficiently recognize the fact that he abused the victim due to flapsing and salkeing the victim. Therefore, the allegation of mistake of facts is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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