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(영문) 창원지방법원 2014.03.26 2013노1359

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was unilaterally assaulted by C from C, and in the process of passive defense, the Defendant was only engaged in breath of C, and did not inflict an injury upon C by exercising violence.

Nevertheless, the court below convicted the charged facts of injury, thereby misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in this case is as indicated in the facts charged of the judgment of the court below. The court below found the defendant's partial statement, ② Police suspect interrogation protocol of the defendant against C [In light of the records of this case, the court below adopted victim C as a witness and served a summons of the witness, but did not perform the service. C's address 'F of the Masan-si, Masan-si, Masan-si and Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si's H'), which appears in the record that the request for the detection of location was made. The court below found the defendant's personal phone number (I), which appears separately from the record, and it was not possible to make a statement on the date of trial due to the unknown whereabouts of the person requiring the statement and other reasons corresponding thereto. Meanwhile, the court below acknowledged the defendant's admissibility of evidence as evidence as to the defendant's statement in this case's specific and evidence evidence C's statement.

(b) Determination of the immediate deliberation;