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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2020.08.13 2020노2187
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant spits or spits the victim's face twice as stated in the facts charged.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so doing, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Judgment on the assertion of mistake of facts

A. The lower court found the Defendant guilty of the facts charged in this case on the ground that the Defendant’s act of cutting down spits is consistent with the victim’s damaged statement, since the CCTV taken a spit spit spit spit spits over two times in CCTV, and the victim taken a spit spit spits on the side of the Defendant at the location opposite to the Defendant at the time, along with the spit spit spit spits on the part of the Defendant at the location opposite to the Defendant. This is consistent with the victim’s damaged statement. As such, the victim was credibility in the statement (as pointed out by the Defendant, the victim did not act to cut spit spit spits on his hand, but the Defendant and the victim did not have a face spit spit spits on the above spit spit spit spits before it becomes Si spit, it is difficult to view the credibility of the above damaged statement as it did not constitute the crime committed by the Defendant.

B. According to the evidence duly adopted and examined by the court below, the facts and circumstances revealed by the court below are all acknowledged, and the following facts and circumstances acknowledged by these evidence are stated in the investigation agency to be consistent from the court below to the court below. (1) The victim's statement is directly made by the victim's statement that "the defendant spits or spits the defendant with the defect of taking pictures on the ground of cellular phone in the dispute with the defendant, with the face twice."

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