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(영문) 의정부지방법원 2015.06.03 2014노2133
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the judgment of the court below that found the defendant guilty of the facts charged in this case as evidence of the lack of credibility despite the fact that the defendant only committed an assault against D and that he did not assault D, which affected the conclusion of the judgment.

2. The court below acknowledged the following circumstances based on the evidence duly adopted and investigated by the court below, i.e., ① the victim D (hereinafter “victim”) consistently from the first written statement to the court of the court below, and consistent from the first written statement to the court of the court of the court below, “In the course of the defendant's oral dispute with the defendant, the defendant respondeds to “in one time,” and “at one time,” and the defendant took four times the victim’s chests and clothes with drinking, and the victim took eight times more than the victim’s chests and clothes.” The victim stated from the defendant that “at one time the victim took part in the part of the victim’s clothes.” ii) The victim’s photograph taken by the police after being reported to the police immediately after being abused by the defendant and sent to the police after being reported to the police (Evidence No. 444 of the evidence record) can be confirmed by the victim’s own red clothes.

Therefore, the judgment of the court below is correct and there is no error as alleged by the defendant.

The Defendant did not set up any defense against the Defendant while the Defendant was assaulted more than ten times against the Defendant.

Although it is alleged that the victim’s statement cannot be trusted because it is against the common sense that he or she said that he or she was assaulted by the Defendant and said that he or she was said to be more time, in the instant case where the victim had much more physical strength than the Defendant, the victim’s above behavior is too different, and thus, the credibility of the entire statement is dismissed.

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