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(영문) 서울서부지방법원 2016.12.08 2016노1279
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not know about D’s snow due to fingers, but the lower court found the Defendant guilty of the facts charged in this case by misapprehending the facts.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the victim D consistently maintained from the investigative agency to the court of the court below to the fact that "the defendant met the defendant on the road along which he was living together, and the defendant tried to get out of his hand, and thereafter the defendant stated that "at least three times the left eye due to his hand, the defendant reached three times." The defendant's photograph taken by the police officer after receiving the report of this case and confirmed as soon as possible above the victim's left eye on the part of the victim's left eye, as stated in the facts constituting the crime in the judgment of the court below, the defendant's assertion of mistake of facts is not 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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