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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.08.25 2016노1755
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is only a fact that the Defendant was assaulted by the victim E or F while defending the victim E or F, and there is no fact that he/she pusheds the victim E's chest or bats and faces the victim E's bat.

The court below found guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. The victim E and F consistently stated the details and process of the fighting with the Defendant from the investigative agency to the court of the court below. The details of the fighting are consistent with all the circumstances, including CCTV photographing, and the victim F made the face from the Defendant to the ground that the spathn fell.

was stated at the time of the fighting;

H also considered that the victim F's awareness falls into the ground.

In full view of the facts stated, the victims' statements concerning the facts charged of this case can be sufficiently recognized as credibility.

In addition, comprehensively taking account of the evidence duly admitted and examined by the court below, it can be sufficiently recognized that the defendant committed assault against the victims by keeping the victim E's chest, bating the bat of the victim F's bat and face once as stated in the facts charged.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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