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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2019.07.04 2018노1318
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not assault the victim B as stated in the facts charged of this case, and that the police, in order to control the Defendant by contingency and justify it, he fabricated the same content as described in the facts charged of this case.

Therefore, the court below erred by misapprehending the facts charged with assault by the defendant.

2. The judgment of the court below is based on the following circumstances revealed by the evidence duly adopted and examined by the court below, i.e., ① the victim's statement was consistent and specifically stated by the defendant as stated in the facts charged in this case by the investigative agency and the court below, and the victim's statement is reliable; ② the defendant committed an assault, such as paying expenses to the victim who is a taxi engineer, and prices the victim's face when paying them. The police officer arrested the defendant as an offender. There is no motive or reason to harm the defendant; ③ the defendant appears not to have been a taxi engineer who had no interests with the defendant or the victim; ③ the defendant appears to have been a witness present in the court of the court of the court below, and the defendant appears to have been a taxi engineer who had no interests with the defendant at the time of the defendant at the time of the instant case. In full view of the following circumstances, the defendant was found to have been in a state of violence, such as unfatching the victim's appearance at the time of the instant case, and thus it is difficult to believe the defendant's statement without merit.

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

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