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(영문) 수원지방법원 2015.08.25 2015노1483

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defense counsel (fact-finding) was that the Defendant inflicted an injury on the victim D's arms, etc. in knife, but the lower court found the Defendant guilty of the facts charged of this case on the grounds of the victim's statement with no credibility, thereby misunderstanding the facts and

2. In order to reverse the judgment of the court below that recognized the credibility of the victim’s statement, which is the evidence supporting the facts charged in the instant case, the judgment of the court below should be sufficient and acceptable. However, even considering the circumstances required in the grounds of appeal, most of the circumstances required in the grounds of appeal are not deemed to be a circumstance to the extent that the court below’s decision is not acceptable, such as where it appears to be a circumstance already pointed out and considered in the process of the court below’s deliberation.

This is more so in light of the following circumstances that the court below duly admitted and examined, the victim's statement is consistent and concrete from the investigative agency to the court below's court, and the process that the defendant was injured by the defendant's possession of the victim's house, the defendant's husband was found at the victim's house and the circumstances that the defendant reported to the police after the time when the defendant was transferred to the defendant, as well as other evidence such as investigation report (the monetary analysis), investigation report (the confirmation of the suspect's phone number phone number), investigation report (the attachment of the D Handphone phone number), investigation report (the attachment of the D Handphone phone number).

Therefore, the judgment of the court below which found the victim guilty of the facts charged of this case by comprehensively taking account of the evidence duly adopted and examined such as the victim's statement in the court below, is just and there is no error as alleged in

3. The appeal by the defendant is groundless, and thus, Article 364(4) of the Criminal Procedure Act is applicable.