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(영문) 제주지방법원 2017.01.19 2016노427

폭행치상

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that the Defendant did not incur any injury by pushing the victim as stated in the facts charged of the instant case, and that the victim was pushed the Defendant, and that the victim was pushed the Defendant.

2. Determination

A. The lower court determined that the Defendant asserted the same purport as the grounds for appeal in the lower judgment, and that the lower court fully acknowledged the following facts and circumstances acknowledged by the evidence adopted and examined by the lower court that, in full view of the credibility of the victim’s statement and the following facts and circumstances, the Defendant was able to fully recognize the fact that the Defendant sustained bodily injury on the victim by causing the victim to go beyond the victim

Determination and dismissal of its argument.

1) 피해자 E은 수사기관에서 피고인과 서로 어깨로 몸을 밀면서 실랑이를 하다가 피고인이 어깨에 힘을 싣고 세게 한 차례 자신의 몸을 밀치는 바람에 뒤로 넘어지면서 상해를 입었다는 취지로 진술하였고, 이후 원심 법정에 증인으로 출석하여 피고인과 서로 마주보고 어깨 내지 상박 부분으로 서로의 몸을 밀치던 중에 피고인의 몸에 힘이 실리는 것을 느끼고 순간 멈췄는데 피고인이 확 미는 바람에 뒤로 넘어지게 되었다고

As the statement is made, the above statement of the injured party is relatively specific and consistent.

(ii) was on the site at that time;

G Do also stated in the court of the court below that the Defendant and the victim got tightly into their body while driving their power in the state of Madern, and that the victim was faced with the body during that period, and Hdo investigative agency from the court of the court below to the court of the court below to the court of the court below, that the Defendant and the victim were faced with the shoulder, and that the victim was next to the victim while she was tightly faced with the shoulder of the Defendant and the victim.

The statement is a statement that corresponds to the victim's statement that the defendant made efforts to protect the victim by making the victim's body.

3) The lower court’s judgment.