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(영문) 대구지방법원 2018.11.09 2017노5365

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal did not have inflicted an injury on the victim by assaulting the victim, the court below erred by admitting the victim’s statement, etc., which is not reliable, as evidence, and found guilty of the facts charged of this case (misunderstanding of facts and misapprehension of legal principles). 2. According to the following facts and circumstances acknowledged by the records of this case, the defendant may be recognized as having inflicted an injury on the victim as stated in the facts charged in the judgment below

A. According to CCTV images recorded in the situation at the time of the instant case, the Defendant dump, flapsing the victim, flapsing the victim, flapsing the Defendant, and the Defendant dumped the Defendant, at this time, and the specific actions of the Defendant were not revealed by being surrounded by the surrounding people, but the victim’s face was immediately milched towards the rear.

According to the file voice in which the situation at the time was recorded, the defendant or a third party who is not the victim “at the time,”

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It seems to be “.......”

Therefore, it seems true that the defendant exercised considerable tangible power to the victim at the time.

B. If the police called up immediately after the occurrence of the instant case, and the victim's face photograph taken by him, it is confirmed by the face side to the right side of the face.

The victim consistently states the above facts of damage to the police who called the victim after the victim stated that “the defendant is faced with face by drinking,” and then the victim stated the above facts to the court of first instance.

Therefore, it seems true that when the defendant takes the face of the victim, the victim suffers an injury on the right side of the face.

(c)

The victim visited a P Assembly member immediately after the occurrence of the instant case to undergo a diagnosis of harm to the right, etc., and visit the above Council member with a dental certificate from the next day to re-enter the above Council member for dental treatment, and conduct Q dental surgery on the same day.