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(영문) 제주지방법원 2018.05.17 2017노638

상해

Text

The defendant's appeal is dismissed.

Reasons

The gist of the defendant's appeal is that although the defendant did not have the F's person subject to a mustache on the cell phone at the time of the instant case, the court below erred by admitting the fact and thereby affecting the judgment

However, according to the F’s consistent and detailed statement and the G’s statement supporting the process of suffering damage at the time of the instant case, the instant criminal facts against the Defendant can be acknowledged. Therefore, the aforementioned assertion is without merit (Provided, That the lower court’s judgment appears to be erroneous, but the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the Defendant’s criminal facts were not examined as evidence recognizing the criminal facts against the Defendant, and the lower court erred by going through “the result of inquiry into the facts of this court to the National Health Insurance Corporation” without undergoing the examination of evidence, but the remaining evidence except this was sufficiently recognized. Thus, the lower court’s error did not affect the conclusion of the judgment.