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(영문) 창원지방법원 2017.02.08 2016노1914
폭행
Text

1. The defendant's appeal is dismissed;

2. All the costs of the trial by the court below and the trial by the party shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal does not contain any assault against the victim at the time and place specified in the facts charged of the instant case. Thus, the lower court erred by misapprehending the facts.

The argument is asserted.

2. The following circumstances acknowledged in the lower court’s judgment based on the evidence duly admitted and investigated by the lower court, namely, the victim made a specific and consistent statement about the facts that he/she was assaulted by the Defendant at the prosecutor’s office and court of the lower court, and the victim was suffering from the Maul at the time of the instant charges.

In full view of the fact that it is difficult to see the credibility of the victim's statement (in addition, the victim was consulted with the victim's violent inclination at the time of the treatment of depression at the hospital, etc.), the defendant can sufficiently recognize the facts of assaulting the victim at the time and place specified in the facts charged of this case. Thus, the above argument by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition by the court below and the court below's decision pursuant to Articles 191 (1), 190 (1), and 186 (1) main text of the Criminal Procedure Act on the grounds that all costs of the trial shall be borne by the defendant.

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