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(영문) 광주지방법원 2015.09.10 2015노42
폭행
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant was assaulted by the victim and did not injure the victim's chest.

In light of the following circumstances revealed through the evidence duly adopted and examined by the court below (whether there is a factual error) since the defendant can recognize the fact that the victim A was involved in his chest twice as stated in the facts constituting the crime in the judgment below, the defendant's assertion is without merit.

The victim consistently made a statement from the investigative agency to the court of the court below that “The chest of the Defendant was exceeded to the upper bed of the Defendant, and the F, which was subsequent to this, was cut to the upper bed and cut to the upper bed. However, at the time, the Defendant was also cut back, and the chest was pushed down twice by two descendants.”

B. E also supports the victim’s statement to the effect that the Defendant appeared to witness the victim’s chest.

C. F, the father of the defendant, was also examined by the police, and stated that “A child (the defendant) observed that he was satisfing twice the victim’s chest.”

(75 pages). (d)

우연히 사건을 목격한 G도 비록 피고인(피고인이 넘어진 뒤 곧바로 피해자가 바닥에 넘어지는 것을 보고 F이 아닌 피고인이 피해자를 쓰러뜨린 것으로 착각한 것으로 보인다)이 피해자의 머리를 바닥에 찧게 하였다며 일부 피해자의 진술과 어긋나는 진술을 하였으나, 4명이 욕설을 하며 서로 밀치는 것은 보았다

(52 pages) A statement of investigation record was made.

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

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