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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.04.01 2015노4683
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, an apartment security guard, without obtaining a visiting certificate, set up a vehicle in front of the entrance guard room of an apartment, and followed it by the victim who was flicked with the victim, and flicked with the victim. As such, the Defendant: (a) flicked the victim by protruding out the arm; (b) but (c) flicked the victim, before contact the body of the victim, the victim was flicked with the Defendant, thereby leading the victim to the Defendant.

In other words, the defendant did not assault the victim by turning the victim's neck, such as the facts charged.

B. Sentencing 1 Sentencing Sentencing (200,000 Won) is too unreasonable.

2. Determination:

A. 1) In the case of evidence supporting the facts charged, although the first instance court, which directly observed the appearance and attitude of the witness who directly observe the witness’s statement while proceeding the witness examination procedure, finds it impossible to recognize the credibility of the witness’s statement, the appellate court may reverse it to acknowledge the credibility of the witness’s statement.

In order to determine the credibility of the statement, the first deliberation decision rejecting the credibility of the statement should be a case where sufficient and understandable circumstances arise (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). 2) The victim requested from the investigative agency that “the defendant demanded a visit certificate within the guard room to the court of first instance,” and the victim requested that the defendant should not be able to write down a fake certificate and a visit certificate from the guard room in the course of continuing moving the cargo due to interference with the passage of the apartment vehicle at the entrance of the apartment.

The defendant's refusal to do this is called as soon as possible and promoted the visit, and it is time for the defendant to see that he does not have any mistake in the security room.

“.....”

Then, the defendant canter the trees of his own victim.

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