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(영문) 창원지방법원 2013.07.18 2012노2161

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant only flabed and pushed down the victim’s flab, and did not inflict an injury upon the right side by drinking flab; (b) the lower court found the Defendant guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the facts

2. Determination 1) The degree of formation of a conviction in a criminal trial should not be a reasonable doubt. However, it is not required to exclude all possible doubts, and rejection of evidence acknowledged as probative value is not allowed as exceeding the bounds of the principle of free evaluation of evidence. If the witness’s statement is consistent in its main part, it is not a mere fact that the witness’s statement is somewhat inconsistent with other minor matters, the credibility of the witness’s statement is not denied without permission (see, e.g., Supreme Court Decision 2008Do1212, Aug. 20, 2009). The court below and the court below comprehensively admitted and examined evidence duly adopted and examined by the court below, i.e.,, the victim E had consistently made the victim’s statement from the investigative agency to the court below to the court below, and i.e., the victim’s statement and the defendant’s statement that he had been satisfy, and satisfyed with the purport that he had consistently made the victim’s statement and the victim’s statement.