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(영문) 서울동부지방법원 2013.11.14 2013노777
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defluence of facts) ① With respect to the charge of violence among the facts charged in this case, the court below found the defendant guilty of all assault and bodily injury as stated in the facts charged, although the victim D, who was seated, was aware of the intention of the defendant to see, did not have the defendant go behind alone, and did not go beyond the defendant's hand. ② With respect to the charge of bodily injury, the defendant went to his residence with the victim's permission, and the defendant went to her residence was somewhat disturbed with the victims, and did not cause any injury as stated in the facts charged, and the court below convicted the victims of all assault and bodily injury as

2. Determination

A. We examine the determination of assault among the facts charged in the instant case, and consistently state the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below. In other words, the victim D, as described in the facts charged in the investigation agency and the court of the court below, consistently stated that “A victim was a defense over the issues of the defendant and the elderly at September 22, 2012, but the defendant was faced with the defendant’s shoulder that he was seated, and the defendant was tightly pushed down,” and the above statement appears to be reliable, ② at the time of the instant assault, ② at the time of the instant assault, F, H, and I were in the vicinity of the defendant and the victim D, but at the time of relatively objective witness, the residents of village F, who were considered to have been the victim, did not have a defense over the victim’s finger at the investigation agency and the court of the court of the court below, and the victim was not a victim’s 6-party 1 and 6-party 1, who was not a victim.

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