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(영문) 의정부지방법원 2012.10.25 2012노382

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Although the Defendant did not inflict an injury on the victim D as stated in the facts charged, the lower court found the Defendant guilty of the facts charged in this case, which erred by misapprehending the legal principles.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated in the court below, namely, ① the victim made a statement consistent with the facts charged specifically and consistently, ② the defendant himself recognizes “the fact that the victim and the victim were deadly deadly deadly deadly (contested 21 pages)” (contested 21 pages), ③ the victim’s statement is not found to be false or erroneous, ④ the statement in the medical certificate for injury against the victim corresponds to the part and degree of the victim’s injury as stated in the facts charged. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated in the court below, the fact that the defendant inflicted injury on the victim is sufficiently recognized, and the judgment of the court below which found the defendant guilty of the facts charged in this case is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts, even if examining records otherwise.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.