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(영문) 전주지방법원 2015.10.30 2015노940

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defluence of the victim) is that the concept of escape from the part on the shouldered part suffered by the victim is not caused by the assault of the defendant.

2. The following circumstances acknowledged by the evidence duly examined by the court below, i.e., ① the victim, while having been in a dispute with the victim at an investigative agency up to the court of the court below, the victim was satisfing the victim by arms, and the victim suffered bodily injury in the process, and the defendant also has a dispute with the victim.

In full view of the facts leading to fightings, the victim's fighting is recognized, and ② the victim was diagnosed by a hospital on January 26, 2014, on the date of the instant case, and undergone an operation on February 6, 2014, and ③ there is no evidence to deem that there was skings on the part of the shoulder part of the victim's shoulder before the instant case, it is reasonable to deem that the victim's sloping part of the shoulder part was caused by the Defendant's assault.

Therefore, the defendant's assertion of mistake is without merit.

3. If so, 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.