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(영문) 창원지방법원 2014.11.19 2014노2019

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal has no record of assaulting the victim;

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. The lower court convicted the Defendant of the facts charged of the instant case by comprehensively taking account of other evidence duly admitted and examined in the testimony, after having undergone the examination of witness E, G, and H by directly undergoing the examination of witness evidence.

B. In light of the following circumstances revealed by the evidence duly adopted and examined by the court below, i.e., E, the victim: “E has been present at the time indicated in the facts charged,” G stated to the effect that “The defendant has observed a witness to the victim, etc.”; H stated to the effect that “The defendant had a physical contact between the defendant and the victim, and the defendant had a contact with the victim’s body.” In full view of the written diagnosis of injury against the victim, the court below’s judgment that found the defendant guilty of the facts charged of this case is just, and the defendant’s assertion has no merit.”

Furthermore, even when considering the remaining witness’s statement, K made a statement to the effect that there was no fact that the Defendant was a victim, on the other hand, it is difficult to believe the above statement because it is doubtful whether the Defendant and E did not witness the situation at the time, and it is difficult for K to believe that there was any circumstance that the Defendant was a spit of spits.

It does not seem to be reasonable. If it appears, it may not be seen even if it was made.