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(영문) 인천지방법원 2020.02.13 2019노2400
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not constitute assaulting a victim as stated in the facts charged in the instant case.

2. The judgment of the court below also asserted the same purport, and the court below held that the defendant sufficiently recognized the facts of assaulting the victim, as described in the facts charged of this case, in full view of the following facts: (i) the victim made a statement from the investigative agency to the court of the court below on the same purport; (ii) the witness E, the witness E, from the investigative agency to the court of the court of the court below, stated that "the defendant was present about the face of the victim by going on the victim's body; and (iii) the defendant was recognized as having been present at the time of the defendant; and (iv) the F, which was the defendant's act, stated in the investigative agency, that "the defendant was used for the defendant again, and was able to serve as the victim, such as the victim, E, etc."; and (iii) the above statement of F appears to be contrary to the defendant's argument.

In light of the evidence duly adopted and examined by the court below and the statement of the court below, the above judgment of the court below is just and acceptable, and it does not seem that there was an error of misconception of facts as alleged by the defendant.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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