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(영문) 의정부지방법원 2015.10.12 2015노987

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant only s/he has a verbal dispute with the victim at the time, time, and place indicated in the facts charged, but does not have any s/he has exercised violence. Rather, the court below found the defendant guilty of the facts charged of this case and erred by misapprehending the legal principles that affected the conclusion of the judgment.

2. The judgment of the court below on the grounds of appeal is relatively consistent with the following circumstances acknowledged by the evidence duly admitted and investigated by the court below. ① The victim got a drinking level from the investigative agency to the court of the court below, i.e., the defendant's injury method and circumstance, etc. to the effect that "the victim's injury was inflicted upon the victim's breast part before and after the entrance," which had been in front of the entrance. The credibility of the statement can be sufficiently recognized in light of consistency of the statement before and after, the objective reasonableness of the statement, and attitude of the statement. There is no special motive or reason to deem that the victim made a false statement in order to gather the defendant. ② The contents of the diagnosis in the diagnosis are sufficiently supported by the victim's statement; ③ The victim's act of legitimate exercise without taking lawful procedures or means; ④ The defendant's statement cannot be viewed as a legitimate act that can be accepted by social norms; ④ The defendant's act of denying the facts charged is acknowledged as evidence, and the court below's judgment of conviction cannot be accepted as evidence of this case.