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(영문) 춘천지방법원 2016.07.21 2015노727
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is without prejudice to the right side of the F.

2. The lower court found the Defendant guilty of the facts charged regarding assault against F. The lower court’s judgment is acceptable in light of the records and thorough comparison of the evidence duly admitted and investigated by the lower court, and there is no violation of law by misunderstanding of facts (it is highly probable that the police, who was dispatched to the site at the time, did not find any peculiar points when examining the F. of the victim F due to his/her loss, etc. was difficult in the surroundings, the degree of damage to the victim was not strong, and the police did not have any force on the part of the victim, and that it is highly probable that the police did not have any force on the part of the victim.

In light of the CD’s on-site sound, at the time, the damaged person sent a strong response to the Defendant’s self-fashion to the Defendant, and the Defendant took a certain action against the victim. In fact, as the police was called to the scene, the victim immediately speaked to the police, thereby confirming the victim’s neck. This circumstance also supports the victim’s assault against the Defendant F.

B. Aggravated assault is a “exercise of all tangible force against another person’s body” and it does not necessarily mean an intentional act when another person is committed, and thus, the defendant was forced to boom the part of the victim’s body while the defendant and the victim are in dispute.

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

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