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(영문) 서울동부지방법원 2014.06.20 2014노435

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is consistent with the statement that the victim E was assaulted by the Defendant from the police immediately after the occurrence of the instant case to the court below’s trial. On the other hand, the Defendant was punished by a fine on several occasions for a similar violent crime, and the Defendant was found to have committed the instant crime when he was investigated by the police. In full view of the fact that the content of the Defendant’s appeal is not reliable, the Defendant could sufficiently recognize the fact that he was satisfing the victim’s bat, as indicated in the instant facts charged, and that he was satfing the victim’s bat, and could sufficiently recognize the Defendant

2. Determination

A. The lower court determined as follows: (a) as to the facts charged in the instant case, “the Defendant: (b) at the D main points located in Gangdong-gu Seoul Metropolitan Government around July 14, 2013, in 17:45, the Defendant was injured by caton cather, etc., which requires treatment for about 14 days in consideration of fating fats, etc.; (c) the Defendant’s police statement first is inadmissible; (d) the victim’s legal statement and police statement at the lower court and the lower court stated that “F (D store operation) was the victim’s face; (d) the victim was present as a witness and stated that “G was the victim at the time of her appearance and eye; and (d) the Defendant was aware that he was aware of the victim at the time of her appearance; and (d) the victim’s statement and police statement at the time of the victim’s entrance and departure are not consistent with the victim’s statement at the time of H.