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(영문) 창원지방법원 2013.07.04 2013노54

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is only a fact of being injured by assaulting the victim, and there was no fact of assaulting the victim by breaking the ground floor beyond the ground floor, such as bucking the victim with her head, etc., but the court below found the defendant guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts

2. Determination 1) The degree of formation of a conviction in a criminal trial must be beyond a reasonable doubt. However, it is not necessary to demand that all possible suspicions be excluded, and rejection of a witness’s statement by causing a suspicion without any reasonable ground, which is acknowledged as probative value, goes beyond the bounds of the principle of free evaluation of evidence. If the witness’s statement is consistent in the main part of the statement, it does not unreasonably deny the credibility of the witness’s statement without permission (see, e.g., Supreme Court Decision 2008Do1212, Aug. 20, 2009). 2) The following circumstances acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below and the court below to the extent that the witness’s statement was consistent with the victim’s statement at the scene from the time when the defendant submitted a complaint to the court below, and i.e.,, when the victim suffers her head from the victim’s statement to the victim’s statement at the scene of the crime, the victim suffers her head from the victim’s statement to the victim’s statement at the scene.