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(영문) 대전지방법원 2015.04.17 2014노2404
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: ① there is no fact that the Defendant was the victim, ② the victim was able to saw the Defendant as a sawsaw, and the victim was able to use the clothes of the Defendant and assaulted, but the victim was able to make a false report to the police; ③ the victim was not credibility in the statement, such as changing the statement about the damaged part, ③ the victim was not credibility in the statement, ④ the F the Defendant reported the fact that the victim was the victim to the police at the victim’s request did not directly witness the scene, and thus, the statement is not

The court below erred by misapprehending the Defendant’s assault.

2. In light of the following circumstances, the victim and F have credibility in the statements made by the police and the court of first instance. According to the evidence duly admitted and examined by the court below, the defendant's assaulted by the victim at around 00:20 on December 13, 2013 can be sufficiently recognized.

After committing the crime, the victim immediately informed F of the fact of assault to F who was making a telephone call at the alley parking lot adjacent to the D cafeteria, and F reported this to the police by the police, and the victim has made the statement from the police on the day of the crime to the court of the original trial, and consistently stated the damage in a concrete and alternative manner.

나. F는 특별한 이해 관계없는 제3자의 입장이었고, 폭행 행위를 직접 목격하지는 못하였으나 피고인의 폭행 행위가 있기 직전 피고인과 피해자가 말다툼하면서 피해자가 내지르는 소리를 들었고 이윽고 피해자가 자신에게 다가와 “아저씨, 저 사람에게 맞았는데 경찰에 신고해주세요.”라고 하는 말에 경찰에 신고하였으며 이를 알게 된 피고인이 도망을 가듯 빠른 걸음으로 자리를 피하였다고 구체적이고 대체로 일관되게 수사기관에서 원심법정에 이르기까지 진술하고 있다.

3. The appeal by the defendant is justified.

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