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(영문) 수원지방법원 2019.10.28 2019노2684
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal was that the Defendant was engaged in a campaign by accurate action. However, the Defendant was only facing the Defendant’s arms or arms and shoulders and the part of the Defendant’s arms or shoulders and shoulders or handss by leaving his own seat with his own seat.

Nevertheless, there is an error of misconception of facts that the court below recognized that the defendant used elbows to assault the victim's back water with elbows while moving forward to the future.

2. According to the following facts and circumstances that can be recognized by the evidence duly adopted and investigated by the court below, the court below's judgment convicting the defendant of the facts charged of this case is just, and there is no error of misconception of facts, since the court below erred by misapprehending the legal principles as to the facts charged of this case.

At the investigative agency and the court below, the victim stated to the effect that “The first, the second, the Defendant was engaged in a campaign in the third step, and that he was engaged in a campaign again going back to the back, while making a campaign by going on the side of an instructor in order to attract interest if a member was not present. At the time of the instant case, the victim was moving back to the side of the instructor due to his failure to attend, going out to the direction of the left side of the shoulder, the right arms toward the right shoulder, and the Defendant was in contact with the above shoulder. However, the Defendant used the upper body toward the victim and her arms, skeing his arms into the upper body, and obtained treatment at the J Hospital after going on the right side.”

G, which was a fishing big instructor at the time of the instant case, shall take precedence over the victim's side at the investigative agency and the court of original instance.

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