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(영문) 서울북부지방법원 2020.09.03 2019노1870
폭행등
Text

The defendant's appeal is dismissed.

The costs of trial in the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal (in fact), the victim B and the above victim tried to go out of the house, and the defendant tried to go out of the house. The victim E (victim B sons) voluntarily expressed in the victim himself wn out of the entrance while saving the defendant's neck with his arms, and there was only a fact that the defendant did not comply with the eviction, and there was no fact that the defendant did not live out of the victim B.

Nevertheless, the judgment of the court below which convicted each of the charges is erroneous in misconception of facts.

2. Each of the statements in the investigative agency and the court of the court below's judgment are unreasonable or contradictory in light of the specific and empirical rule, and there is no contradiction in the statement itself, and each of the facts charged is found guilty according to the above statements.

The defendant asserts that the defendant tried to leave the victim's house by himself, and the victim E was fluorted out of the front door of his arms. However, in light of the situation before and after the case, the victim E did not find any motive or reason for the above violent act against the defendant who wants to leave the house by himself.

The defendant's assertion of mistake is without merit.

3. In conclusion, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by applying Articles 191 (1) and 190 (1) of the Criminal Procedure Act to the burden of litigation costs incurred in the trial.

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