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(영문) 서울중앙지방법원 2017.01.12 2016노3569

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts and legal principles) is that the victim C was in excess of his own discretion during the process of trial with the defendant and did not have inflicted any injury upon the defendant when the defendant was the victim, and the court below erred in finding the defendant guilty of the facts charged of this case by misunderstanding the victim’s statement, diagnosis, etc. with a false victim

2. According to the evidence duly admitted and investigated by the court below, the victim C’s statements in the investigative agency or court of the court below are sufficiently trusted in light of the existence and consistency of the statement, and the charges of this case are fully convicted of the Defendant’s injury in excess of the victim’s consideration.

Therefore, Defendant’s ground of appeal cannot be accepted.

3. In conclusion, 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 without merit. It is so decided as per Disposition.