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(영문) 춘천지방법원 강릉지원 2013.10.31 2013노170
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is only the fact that the defendant has prevented the victim from carrying the sound device by body, and there is an error of law that the court below found the victim guilty by misunderstanding the fact, although the victim did not assault as stated in the facts charged.

2. Evidence adopted and examined by the court below's decision as to the grounds for appeal and the following circumstances revealed by testimony of witness E of the party at the time and place of the crime of this case, namely, the defendant also recognized the fact that the defendant prevented the victim from carrying out the sound device at the body of the victim at the time and place of the crime of this case. Although the victim's statement on the place of assault is somewhat unclear, it is very difficult for ten persons at the scene of the crime to be involved in disputes or dispute, and it appears that the victim cannot be forgotten of accurate location because there are some cases inside the narrow-snick boat, E also appears to be witness E has observed witness at the time of the victim's right side. In addition, in light of the fact that the police officer at the scene of the crime of this case and the defendant showed that the victim spawns about the victim's sound, and therefore, the victim's face is considered to be avoided from the victim's face, and thus, the defendant's argument that the victim's part of the crime of this case should not be accepted.

3. Accordingly, the appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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