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(영문) 의정부지방법원 2013.11.28 2013노2017
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of facts that affected the judgment, even though the defendant was unilaterally assaulted by the victims, and did not have the victims, the court below convicted the defendant.

2. According to the evidence duly admitted and examined by the court below, the following circumstances are acknowledged.

① At the time, the Defendant, while driving a vehicle on the road in an apartment complex, was faced with the victims of the vehicle, without yielding each other, and the Defendant eventually turned on the vehicle. The fact that the Defendant, who was missing, opened the window of the vehicle and took a bath between the victims and the victims, and that there was an appraisal of the vehicle. ② The Defendant immediately turns on the vehicle, immediately after driving the vehicle, immediately turns on the vehicle, turns out from the vehicle to the victims, followed the victims, and the victims were talked with the vehicle. The victims were more aggressive, ③ the Defendant was in a more aggressive position at the time of driving the vehicle, ③ the victims were physically contacted with the victim D, etc. who was seated in the driver’s seat, ④ the Defendant was able to consistently take advantage of the fact that there was no contradiction between the victim and the victim, ⑤ the Defendant was able to have made a statement during his/her own e-mail, and there was no contradiction in his/her own e-mail.

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