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(영문) 인천지방법원 2017.06.28 2017노649

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) while F was assaulted to F and has been in dispute with F in the drinking place, the Defendant 112 declaration was about F, and F was about to flee; (b) he did not inflict bodily injury on F until F until the police took place.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

2. According to the evidence duly adopted and examined by the court below, the court below fully recognized the fact that the defendant had inflicted bodily injury on the victim by causing disputes arising with the victim's breath and violence (the record reveals that the defendant should report to the police at the end of the dispute of this case, even though it is recognized that the defendant continued to engage in the victim's breath, it does not interfere with the recognition of the above crime). Accordingly, the defendant's assertion of mistake 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.