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(영문) 광주지방법원 2018.05.16 2017노4444
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of the facts in the judgment below which found the defendant guilty, although the defendant did not assault the victim as stated in the facts of the crime in the judgment below.

2. In light of the following circumstances acknowledged by the evidence duly admitted and examined by the court below and the court below, the facts of assaulting the victim can be fully acknowledged as stated in the facts constituting the crime in the judgment below. The defendant's assertion is without merit, on the basis of the statement by the witness N, the currency recording file between the defendant and N, and evidence No. 1 (the evidence recording of witness G of the case No. 2016, Gwangju District Court No. 2016, No. 2016, No. 53956) presented by defense counsel.

A. The victim G consistently stated in the investigative agency and the court of the court below that the Defendant was able to see himself/herself, and that he/she assaulted twice the shoulder.

B. The statement of the witness E of the court below is generally different from the above victim's statement in the geographical part, such as the order of violence, the color of the envelope, etc., but conforms to the above victim's statement.

(c)

The witness H of the court below found that the defendant assaults twice the shoulder of G.

In light of the fact that H was working at the office of the D Company E branch, which is the site of this case, at the time of the crime of this case (the police interrogation protocol (the 51th page of the investigation record) and the statement of the witnessO of the party concerned) and that H appears to be in a relatively objective position different from E in the process of civil litigation against the Defendant at the time, there is considerable credibility of H’s statement.

(d)

The witness J andO also stated to the effect that the above victim's statement is consistent with the above victim's statement.

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 ordered as per Disposition.

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