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(영문) 서울북부지방법원 2014.11.14 2014노1040

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not inflict an injury upon the victim by assaulting the victim as stated in the facts charged of the instant case.

At the time, the victim received the chest of the defendant from his head first, and breaking the defendant, and in the process, the defendant only defended the victim's shoulder, and it is because the victim's spathy, and the victim's spathy, omitted, is a king witness.

Nevertheless, the lower court convicted the Defendant of the instant facts charged by misunderstanding the facts.

2. The evidence duly adopted and examined by the court below and the following circumstances that can be recognized by the court below, namely, ① the victim made a statement at an investigative agency that “the defendant's face was left ahead of drinking,” and there is little consistency in the court of the court of the court below that “the defendant's statement about the method of violence was omitted before her head and part of head,” but the overall purport of the statement at the court of the court of the court below was that there was an assault from the defendant, and the possibility that the victim made a statement in exaggeration of the situation at the time of the investigation agency could not be ruled out. ② The victim suffered spawn and was not good, but the victim suffered from spawn, but the victim was absent from the right right-hand right-hand side of the defendant on the day of the case, and the victim was issued with a dental diagnosis after one week, ③ the victim's statement at the time of this case's inquiry agency and the victim's statement "at the time when she made a statement about the victim's hum," and the victim's statement.