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(영문) 인천지방법원 2017.07.07 2017노1081
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) has no assaulted G.

Nevertheless, the judgment of the court below that found the defendant guilty is erroneous and has affected the conclusion of the judgment.

2. The lower court, after directly examining the witness F who was the witness witness of the instant case, examined the evidence documents, etc., and found credibility in the witness F’s legal statement and G police’s statement.

Based on the judgment of the court below, the facts charged are recognized.

Inasmuch as there is no objective reason that may affect the formation of new convictions in the trial of a party, there is no reasonable circumstance to deem that the judgment of the court below was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair because it is contrary to logical and empirical rules (see, e.g., Supreme Court Decision 2016Do18031, Mar. 22, 2017). Therefore, the judgment of the court below is just, and the above assertion by the defendant is not accepted.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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