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(영문) 수원지방법원 2017.06.15 2016노8739

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant only defends the victimized person against his assault, and does not injure or injure the injured person.

Nevertheless, the judgment of the court below which found the defendant guilty is not accepted and there is an error of law that affected the conclusion of the judgment.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the fact that the Defendant inflicted bodily injury on the victim was proven without reasonable doubt.

Therefore, the judgment of the court below that found the defendant guilty is just, and there is no illegality that affected the judgment by misunderstanding the facts.

① The victim made a statement from investigative agencies to the court to the effect that he/she had his/her face constantly gone beyond the floor, and that he/she was faced with his/her head knife and the defendant was faced with the floor.

At the time when the police officer received a report and arrived at the scene of the crime, the victim stated to the effect that he was "the victim raised an objection by assaulting the accused," and the hospital stated to the effect that "the reason why the victim was injured by assaulting the accused." On the day of the instant case, the hospital stated to the effect that "the situation where the victim was injured by assaulting the other party, in a dispute,

② The Defendant also stated that he was fighting between the victim’s body and the victim’s body, and the investigative agency stated that “the victim was faced with the victim’s breath by spathing ebbbbbb, etc. by spathing spath, and spathing spath, and spathing the victim’s spath, and spathing the victim’s spath, and spathd with the victim’s spath by putting the victim’s spath on the floor.” As to the process of the fighting, the Defendant

(3) The victim shall be the case.