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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2015.01.23 2014노1589
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the victim’s statement is flexible and there is no other objective evidence that conforms to the facts charged in the instant case. In light of the fact that the victim was not in good relation with the Defendant and thus there is a high possibility that the victim may make a statement unfavorable to the Defendant, and that E also testified that the Defendant did not put the items in hand at the time of entering the Defendant’s room, it was difficult for the Defendant to put each item of the items that the Defendant left as a boundary mark that prevents the Defendant from entering the Defendant’s room, and there was no other fact against the victim.

Nevertheless, the lower court erred by misapprehending the facts, thereby adversely affecting the Defendant.

2. The judgment of the court below is based on the evidence duly adopted and examined and the following circumstances that can be recognized by the evidence, namely, ① the victim, who is the owner of the housing of this case, appears to have been frequently disputed due to the lessee’s usual rent, etc. However, from the investigation agency to the court of the court below, to the court of the court below, the defendant consistently stated from the investigation agency to the purport that “the defendant was able to display each item of the defendant when he was born.” ② The defendant immediately was investigated by the police on the date of the occurrence of the case, and immediately appeared to have been displayed in the police, and there was a statement that “the other party was able to see that he would have committed violence against the mon,” ③ E residing in the house above at the time of the occurrence of the case, i.e., “TV was heard that the victim intending to injure himself,” and reported it to the police, which corresponds to the situation of the defendant’s assertion at the time of the occurrence of the case.

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