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(영문) 창원지방법원 2018.04.18 2017노3722
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) has no record of assaulting the victim, such as leaving the victim, etc. as stated in the facts constituting a crime.

2. The Defendant also asserted the same purport in the lower judgment.

The court below found all of the facts charged of this case guilty on the grounds of its stated reasoning.

The evidence duly adopted and examined by the court below and the following circumstances revealed in the hearing of the court below, that is, the defendant assaulted the victim's left-hand hand by force.

“The charges were prosecuted as charged, but the prosecutor, as of the fifth trial date of the lower court, assaulted the victim, etc. by hand on a single-time basis.

“The judgment of the court below is just in light of the fact that the indictment was modified to the purport that “A witness H of the court below was admitted, and the testimony conforming to the facts stated in the judgment was consistently stated from the investigation agency to the court of the court below, even though he was a witness of a neutral witness, etc., the court below’s aforementioned judgment is consistent with the records and closely examined. The judgment of the court below is not erroneous in the misapprehension

Defendant’s assertion is without merit.

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

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