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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2013.04.11 2013노249
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts: although the Defendant received unfair treatment in the process of processing civil petition affairs by the mobile carrier employees operated by the victim, the Defendant did not want to punish the victim who led the assault and thereby spread the victim’s arms; and there was only a fact that the victim’s flab was pushed away by continuously attempting to kill the Defendant’s flab, and there was no fact that the victim’s flab, like the facts charged, was plucked, or when the victim’s head was flabed, the lower court found the Defendant guilty of the charges of this case, thereby adversely affecting the conclusion of the judgment.

B. The Defendant’s act of misapprehension of the legal doctrine constitutes self-defense as an act to escape from the victim with the Defendant first.

2. Determination on the grounds for appeal

A. (1) With respect to the assertion of mistake of facts, the degree of formation of a conviction for finding a guilty guilty in a criminal trial should be such that there is no reasonable doubt, but to the extent that it excludes all possible doubts, and rejection of evidence that is recognized as having probative value is beyond the bounds of the principle of free evaluation of evidence.

Therefore, the credibility of a witness's statement is not arbitrarily denied solely on the ground that the witness's statement is not somewhat consistent with the statement concerning other minor matters, if it is consistent in the main part of the statement.

(2) In the case of this case, based on the above legal principles, the court below's duly adopted and examined evidence is based on the following circumstances, i.e., ① the victim from the investigative agency to the court below's original decision, and the victim is a matter of charge payment to the mobile carrier store operated by the victim.

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