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(영문) 수원지방법원 2014.02.06 2013노4839

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not exist when the victim was the victim, and the injury claimed by the victim was not caused by the Defendant’s act, but the court below convicted the Defendant of the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment

2. The following circumstances revealed by the evidence duly adopted and examined by the court below, namely, ① The victim has credibility in its statement by making a concrete and consistent statement from the investigative agency to the court of the court below, on the day of the instant case, on the grounds that: (a) the circumstance during which the defendant was exposed to trial; and (b) D/F made a statement in compliance with the victim’s statement by stating that the defendant was exposed to the victim by drinking at the investigative agency; (c) the injury level and degree of the injury in the letter of diagnosis correspond to the victim’s statement; and (d) the fact that the defendant suffered the same injury as the statement in the judgment of the court below, can be sufficiently recognized in light of the fact that the defendant committed the injury as described in the judgment of the court below, in consideration of the fact that the defendant’

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