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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2020.08.20 2020노781
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is only the victim's unilaterally and after being informed of the number of copies given by the victim, and there is no assault against the victim.

Nevertheless, the judgment of the court below which convicted the defendant by recognizing the facts charged of the injury by assault in this case is erroneous in misconception of facts.

2. In full view of the evidence duly admitted and examined by the lower court, the fact that the Defendant and the victim suffered injury in the process of fighting their bodies between the Defendant and the victim is sufficiently recognized, and the Defendant himself stated in the investigative agency that “I have the right to assault from the victim and “I have the right to know about the head of the victim,” and that “I have the right to know about the victim’s body.”

(Defense Counsel consented to the examination of the police interrogation protocol containing the above statement in the court below as evidence). In particular, the defendant and the victim led to a physical dispute in the state of being raised enough to see their body, and it is reasonable to deem that there was injury to the victim in the course of these physical fightings, and it is reasonable to deem that the defendant could have sufficiently predicted it.

In addition, in full view of the statements made by the victim and witness in the investigative agency and the court below as stated by the court below, it does not seem that the defendant merely avoided an attack with the victim or defendive defense.

The defense counsel asserts that there is no consistency in the statements made by the victim and witness, but the part pointed out by the defense counsel is ① what kind of circumstance the power of attorney in the name of D, which was the foundation of the body fighting between the defendant and the victim, ② what attack was first made between the defendant and the victim, ③ what assault was committed in the management office, and what assault was committed in the meeting room inside.

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