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(영문) 의정부지방법원 2016.04.29 2015노2648
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the defendant was assaulted by the victim, and did not assault the victim as described in the facts charged in this case, and did not assault the victim.

2. Determination

A. On December 26, 2014, the Defendant: (a) was working as a parking staff at the “E” restaurant parking lot located in Pakistan on December 11:50, 2014; and (b) was assaulted by a water purifier installer who was requested to install the victim F’s water purifier and parked the vehicle in the above restaurant parking lot; (c) while the victim was parked in the above restaurant parking lot, the Defendant abused the above victim’s neck by hand.

B. The lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant was guilty on the ground that G, who is a construction engineer of a set season, was aware of the Defendant’s humbage, and that the Defendant was aware of the fact that the victim exceeded the floor, comprehensively taking account of the evidence duly admitted and examined by the lower court.

(c)

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim made a relatively specific and consistent statement from the investigative agency to the court of the court below to the effect that “the victim was a parking problem with the defendant, and the defendant was pushed ahead with the victim’s second hand,” and the victim made a natural statement about the circumstance where the victim abused the defendant, ② the witness G at the scene of the crime of this case is present at the court of the court below, and ③ the witness G is present at the court of the court of the court below to make a statement consistent with the victim’s statement, ③ the witness G makes a false statement from the court of the court of the court below to the court of the court of the court below, and the special motive or circumstance to gather the defendant by making a false statement.

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