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(영문) 대구지방법원 2016.11.11 2016노971
퇴거불응등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant did not assault the victim's arms by cutting them, and there is no fact that the defendant did not withdraw from the victim's house.

Nevertheless, the judgment of the court below convicting each of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. The judgment of the court below is based on the following circumstances acknowledged by the evidence duly adopted and examined by the court below. ① The victim appeared as a witness in the court of the court below, ② the defendant appeared in the victim's arms, and the victim asked the defendant to get out of the house, although the defendant demanded the defendant to get out of the house, the defendant made a statement to the effect that he continued in the corridor (No. 31 and 32 of the trial record), ② the defendant also made a statement to the effect that the police had taken twice the victim's arms, and that the defendant continued in the second floor without getting out of the house (Evidence No. 20, 21 of the evidence record) even though the defendant made the statement to the effect that he did not go out of the house, and that he did not go out from the house and continued in the second floor (Evidence No. 20, 21 of the trial record). Thus, the judgment of the court below which found the defendant guilty as to this part of the facts charged is justified and there is no violation of law.

Defendant’s assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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