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(영문) 수원지방법원 2016.12.16 2016노4607
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not err by misapprehending the facts and adversely affecting the conclusion of the judgment, although the defendant was unilaterally abused by the victim at the time of the instant case and did not assault the victim.

2. According to the evidence duly admitted and investigated by the lower court, the fact that the Defendant assaulted the victim’s right part of the victim’s right part as stated in the facts constituting the crime in the lower judgment is sufficiently recognized in the course of the victim’s horse, dispute, and fighting

Therefore, the judgment of the court below is just and there is no error of law that affected the conclusion of the judgment, and the defendant's assertion of mistake is not accepted.

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

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