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(영문) 부산지방법원 2016.01.06 2015노3501

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not inflict an injury on the victim as stated in the facts charged of this case.

Therefore, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. 판 단 살피건대, 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들, 즉 ① 피해자는 경찰에서 이 사건 당시 피고인이 차 안에 타고 있던 자신의 멱살을 잡고 창문 밖으로 끌어 당겼으며, 차에서 내리자 피고인이 팔로 자신의 목을 감아 잡고 머리채를 잡아 당겼으며 자신의 우측 발목 및 허벅지를 찼다고

In full view of the stated statement (No. 16th of the investigation record), the statement made to the same effect by the prosecution, etc. (No. 36,37 of the investigation record) and the statement made to the same effect (No. 16th of the investigation record), the victim’s statement is specific and consistent, ② the victim’s situation at the time of the instant case, the defendant and his behaviors are relatively specific memoryed, ③ the defendant acknowledged the fact that he was a citizen toward the area where the victim’s shoulders and the next parking is prohibited (No. 23th of the investigation record), and the court below led to the confession of the instant crime, and the description of the written diagnosis of injury, the degree of injury suffered by the victim, the circumstance of the occurrence of the instant case, etc., the fact that the defendant inflicted an injury on the victim, as

Therefore, the defendant's assertion is without merit.

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