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(영문) 의정부지방법원 2016.03.18 2015노2966

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant merely sustained an injury by assault from the injured person, and did not inflict an injury by breading the injured person’s hand or breading the knick, but on different premise, the judgment of the court below which found the Defendant guilty of the facts charged of this case, which affected the conclusion of

2. The judgment of the court below on the grounds of appeal is consistent with the following circumstances acknowledged by the evidence duly adopted and investigated by the court below. ① The victim, from the investigative agency to the court of the court below, stated the defendant's injury method and circumstance to the effect that "the defendant gets off the victim's hand in the vehicle, 5 to 6 times from the left side of the victim who tried not to get off the vehicle on one occasion after leaving the right wucks, and her turn off once after getting off the vehicle." ② The victim's injury diagnosis document and on-site image (Evidence No. 34, 35 of the evidence record) also supported the victim's statement. ③ The victim's victim is a Chinese female residing in the Republic of Korea and the victim demanded to close the victim's door, and it is difficult for the victim to obtain the victim's false statement due to the victim's injury, and it is difficult to obtain the victim's injury from the defendant.

In full view of the fact that it is difficult to see, the defendant can sufficiently recognize the fact that the defendant inflicted bodily injury on the victim under the same circumstances as the written facts charged.

Therefore, the judgment of the court below that found the Defendant guilty of the facts charged of this case is just, and there is a violation of law by mistake of facts as alleged by the Defendant.

Therefore, the defendant's assertion is without merit.

3. Thus, the defendant's appeal is without merit, and the Criminal Procedure Act is applicable.