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(영문) 수원지방법원 2016.06.16 2015노7162
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Although the defendant did not assault E, the court below erred by misapprehending the facts of this case by finding the defendant guilty of the facts charged only with the statement of E/F without objective evidence, although the defendant did not assault E.

2. 판단 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정할 수 있는 다음과 같은 사정들, 즉 ① 피해자 E는 수사기관에서부터 원심 법정에 이르기까지 “ 안양시 만안구 C에 있는 ‘ 카페 D’ 앞길을 걸어가던 중 피고인과 눈이 마주쳤는데 피고인이 ‘ 뭘 보냐

“In doing so, we consistently state that “the victim’s pro-Japanese face was her left face one time by granbing the city expenses,” and consistently stated that “The victim’s pro-friendly appearance F made a statement consistent with the victim’s statement at the court of original instance,” and ② the victim’s pro-friendly appearance I was assaulted immediately after the occurrence of the instant case.

There is also the other party.

“The victim reported 112 with the content that it was “,” and before the police officer arrives at the site, the victim was assaulted by the Defendant, who was directly found in the Gyeyang Area with the Defendant.

The reported point, ③ the photograph of the victim who was found to be the inside area can be confirmed that the victim suffers a face of the face on the left side, ④ the defendant did not look at the victim's face, rather than that the victim and the driver's face were 3 to 4 times the defendant's face.

In full view of the fact that there was no credit on the face of the defendant at the time when the defendant went to the Ansan area along with the victim, the defendant can sufficiently recognize the fact of assault by considering the left face of the victim as stated in the facts charged.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is no error as alleged in the grounds of appeal.

3. The Defendant’s appeal is without merit and thus, in accordance with Article 364(4) of the Criminal Procedure Act.

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