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(영문) 수원지방법원 2016.06.16 2016노462

상해

Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant was guilty of the facts charged of the instant injury even though he heard that the victim B would take a bath to his wife and did not look at the victim’s chest, and (b) the Defendant was guilty of the facts charged.

2. The following circumstances revealed by each evidence duly adopted and investigated by the court below, i.e., the victim B appeared at the court at the time of the crime of this case at the time of the victim B, i.e., the victim B, at the time of the crime of this case, in order to protect she from the defendant who was a part of the defendant's divorce lawsuit with G and the defendant, and the defendant abused verbal abuse and humping, and made the victim's hum as his hand, sealed the victim's hum, and b

진술하였는데, 그 진술이 구체적이고 일관된 점, ② 피해자는 이 사건 범행 당일 병원에서 2 주간 안정 가료가 필요한 경부의 타박상 등의 진단을 받았고, 당시 피해자를 찍은 사진에는 피해자의 목 부위가 빨갛게 부어오른 흔적이 있는 점, ③ 피고인은 이 사건 범행 당시 피해자에게 욕설을 하지 않았다거나 피해자가 머리로 피고인의 가슴 부위를 먼저 들이받았다고

However, according to the file, etc. in which the situation at the time of the instant crime was recorded, it is confirmed that the Defendant continued to make verbal abuse and abusive language to the victim or the victim or H, and that the victim was faced with the Defendant and reported to the police. In full view of the fact that it is difficult for the Defendant to believe the above statement of the Defendant, the fact that the Defendant inflicted an injury on the victim in exchange for the victim B can be sufficiently recognized.

Therefore, the defendant's assertion that the court below erred by mistake is without merit.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.