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(영문) 서울중앙지방법원 2016.04.21 2015노4526
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant did not look at the victim E’s side glass, but did not take the victim F’s upper arms, and rather, the victim F did not get off and unfold the Defendant’s arms, thereby spreading them. However, the lower court found the Defendant guilty of the facts charged of the instant case, misunderstanding of facts, and assaulting the said victims.

2. According to the evidence duly examined and adopted by the court below, the facts charged of the instant case are fully recognized as follows: (a) the Defendant committed an assault against the victim E by drinking back the victim E’s side glass and cutting off the victim F.

Therefore, the above argument by the defendant cannot be accepted.

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 decided as per Disposition.

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