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(영문) 서울북부지방법원 2013.08.14 2013노602
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: although the defendant was friendly with the small scambling who was on the calculation team, there was no assault against the victim as stated in the facts charged, the calculation cost was set off so as to prevent the victim from assaulting the victim, and the victim's face was harming the victim, but the court below convicted the defendant otherwise by misunderstanding the fact that it affected the conclusion of the judgment.

2. The judgment is based on the following circumstances, i.e., the evidence duly examined and adopted by the court below, the witness F's trial statement, and the following circumstances acknowledged by the court below: ① the victim consistently stated that he abused himself as stated in the facts charged until the investigative agency and the court of the court of the court below; ② there is no circumstance to deem that the victim made a false statement to gather the defendant; ② the police officer arresting the defendant as a flagrant offender at the site of this case stated in the court of the first instance that "F was under the victim's cocons with the victim at the time of arrival at the site and under the right side, and flow out," but the above situation did not seem to have been due to the victim's self-harm; ③ there is no partitions, and its width is merely 50 cm, and it cannot be seen that the victim committed an assault against the victim as stated in the facts charged. In full view of the above circumstances, the defendant's assertion that the defendant committed an assault as stated in the facts charged cannot be justified.

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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