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(영문) 인천지방법원 2015.10.02 2015노2706
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The accused of the grounds for appeal has no assaulted the victim;

2. The judgment of the court below can be recognized based on the evidence duly adopted and investigated by the court below, i.e., ① the victim was under the influence of alcohol from the investigative agency to the court of the court below, and the victim was under the influence of alcohol to the victim's daily activity, etc., and there were several times of drinking. In this case, the defendant was also at the time of drinking to the victim's face. ② The victim stated consistently in the court of the court of the court below that the victim was at the time of drinking; ② the victim was given a witness; ③ the victim was given a witness; ③ the victim and the victim were given a witness after taking the restaurant; ③ it was difficult to find any special motive to make a statement as above at the risk of the above perjury; ④ the possibility that the victim and I was aware of the defendant's external mother's arrival at the risk of the risk of the above evidence; and ④ the defendant's appearance appears to be low enough to fully recognize the facts of assault as stated in the facts charged by the defendant.

Therefore, the defendant's assertion of mistake is without merit.

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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