상해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is only defensive to cope with the assault of the victim, and there is no assault against the victim.
2. Although the Defendant led to a confession of the facts constituting an offense in the original judgment in the court below’s judgment, the Defendant denies it by re-afusing it in the past trial.
Therefore, as to the credibility of confession made by the defendant in the court of the court below, the content of confession itself is not objectively rational according to the records.
No evidence may be found to conflict with or contradictory to circumstantial evidence other than confessions, and there is no evidence to prove that there is no voluntariness of confessions due to the grounds prescribed in Article 309 of the Criminal Procedure Act, or there is no evidence to prove that there is no reasonable doubt in the motive or process of confessions, and the defendant did not raise any objection against the statement that his defense counsel stated in the court below recognizing all the facts charged.
Therefore, it is reasonable to view that the confession in the court of the court below by the defendant is reliable as it conforms to the truth.
In addition, the evidence duly adopted and examined by the court below is comprehensively taken into account the following circumstances, namely, ① the victim stated that he was suffering from the bones bones by facing his face and head, and the statement of the diagnosis on the day of the instant case conforms to the part of the victim’s injury alleged, ② the Defendant recognized that there was a physical contact in the course of the victim’s movement with the victim, and ② the Defendant also recognized that there was a physical contact with the victim during the process of the movement with the victim, it is sufficient to prove the reinforcement evidence for the confession of the Defendant.
Therefore, 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 as it is without merit. It is so decided as per Disposition.
However, "102 Dong" among the facts constituting the crime of the lower judgment shall be defined as "102 Dong".