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(영문) 인천지방법원 2014.08.08 2014노1393
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal of this case does not contain any assault against the victim as stated in the facts charged of this case

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim has consistently made a statement of damage from the investigative agency to the court of the court below; ② there is no other circumstance to suspect the credibility of the statement; ② the witness E also made a statement consistent with the victim’s statement; ③ the credibility of the victim’s statement is added to the victim’s statement; ③ G, a police officer who was reported and dispatched at the time, was present as a witness in the court of the court below at the time, and made a statement from the victim that the victim would sathatha at the time. In full view of the above circumstances, the above statement conforms to the victim’s statement, and its objective credibility is very high, it can be sufficiently recognized that the defendant committed the assault as stated in the facts charged in the instant case.

Therefore, the defendant's above assertion is without merit.

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

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