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(영문) 서울서부지방법원 2015.12.17 2015노1517

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) did not inflict any injury on the victim G, and rather, according to the CCTV video tape recording camera (CCTV) the victim appears to have been on his own, the judgment of the court below which found the Defendant guilty of the facts charged is erroneous in the misapprehension of legal principles.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the defendant's assertion is without merit, since the defendant sufficiently recognizes the fact that the defendant inflicted bodily injury on the victim by damaging the victim beyond the victim as stated in the judgment below.

The victim has consistently stated the details and contents of the Defendant’s assault from the investigative agency to the court of the court below, as well as the situation before and after the instant case.

B. According to the CCTV (CCTV) video tape recordings attached to the victim’s accusation letter, if the Defendant appeared to have suffered from the victim due to his/her son while engaging in a verbal dispute with the victim at the time of the instant case, the victim tried to get the Defendant’s arm’s length, but the Defendant attempted to get the Defendant’s arm’s length, and the back head of the body facing the floor when the Defendant tried to get out of the body, and the victim tried to get out of the body, and the victim was able to get out of the body, and the back head of the body facing the floor.

C. On the date of the occurrence of the instant case, the victim received medical treatment at the hospital and was issued with the medical certificate of injury (Evidence No. 23) and the part of the injury stated in the medical certificate of injury was consistent with the part that the victim was injured.

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