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(영문) 수원지방법원 2018.06.19 2017노7819
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not constitute assaulting a victim as described in the facts charged.

2. In full view of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and examined by the court below, the defendant can be recognized as having abused the victim.

(1) The aggrieved person consistently makes a statement from the investigative agency to the court of the trial of the party, “The accused spawns down by drinking, spawn by shouldering,” and the aggrieved person has no reason to make a false statement.

(2) The court below held that the defendant's wife did not see that the defendant did not assault the victim.

At all times, the defendant and the victim have always been satisfyed, and the defendant did not have a close range to the victim.

“The Defendant’s wife did not go in the first place in the vehicle” in the trial court of the first instance, but later, was in the same side as the latter.

Even after entering a vehicle, the vehicle is still going on.

In light of the fact that “the Defendant’s wife was unable to witness the scene of the assault.”

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

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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