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(영문) 부산지방법원 2013.05.03 2013노165

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that there is no trace of the victim’s flapsing, and the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous in matters of mistake of facts.

2. In full view of the following circumstances, the court below's duly adopted and examined evidence, i.e., the victim consistently stated that he was assaulted by the victim from the investigative agency up to the court below's trial, ii) the victim stated that he was flick at the time of the police investigation, iii) the witness E also stated that the defendant was flicking and flicked with the flick. Thus, the court below's determination is sufficiently acceptable, and there is no error of law by mistake of facts in the judgment of the court below.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition