logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.06.21 2018노446
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not assault the victim by drinking the part of his title as stated in the facts charged of this case.

Nevertheless, the lower court erred by misapprehending the legal doctrine.

2. The following circumstances revealed by the evidence duly adopted and examined at the lower court’s judgment, namely, the victim made a concrete and consistent statement from the investigative agency to the court below that the Defendant was drinking the part of the victim, including the background leading up to the instant crime, the circumstances at the time of the crime, the place of the crime, and the place of the crime; the victim reported the Defendant to the police immediately after the instant crime was committed; the on-site CCTV does not take the face of the Defendant’s assault; but it is difficult to view the CCTV alone as having no credibility in the victim’s statement, in full view of the following circumstances, such as the fact that the Defendant committed an assault by drinking the part of the victim, as stated in the instant facts charged.

Therefore, the court below did not err by misapprehending the facts, and thus rejected the defendant's assertion.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

arrow