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(영문) 수원지방법원 2014.11.13 2014노2439

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal stated in the facts charged, where the victim was found to have known the defendant well, and the defendant took this action, and the victim suffered bodily injury by the victim himself/herself, and the defendant did not interfere with the victim as stated in the facts charged;

(M) In addition, the court below's punishment (two months of imprisonment and two years of suspended execution) against the defendant is too unreasonable.

(F) Determination; 2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, this part of the Defendant’s assertion is without merit.

① The victim stated to the police officer following the occurrence of the instant case that “the Defendant got off the victim by hand,” and consistently stated to the same purport until the court below rendered a trial. The victim’s statement cannot be found in the record as to the grounds for rejecting the credibility of the victim’s statement.

② The witness E, who observed the instant case, stated to the police officer, that “I am in front of the Defendant and the victim with a mountain friendly, we cannot accurately see whether the victim was pushed ahead, but there is a fact that the head was shocked on the concrete floor while the victim was pushed back, the head was faced, and the arms were too cut off.” (Evidence No. 13 of the Evidence Records). The court of the court of the court below stated that “I am able to know about it, but I am in front of it. I am in front of it. I would like to say that I am in front of it. I am in front of it. I would like to say that I am in front of it, and I am in front of it.” In view of it, I am in front of it. “I am in that situation am in front of it, I am in front of it, I am in front of it.”