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(영문) 인천지방법원 2017.07.07 2016노5393 (1)

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant unilaterally was only the victim, and the victim was not at the time of protesting against the victim, and there is an error of law by misunderstanding the fact that the court below found the defendant guilty of the facts charged of injury to the defendant and affecting the conclusion of the judgment.

2. As a result of the examination of evidence by the lower court, the following circumstances, which can be acknowledged based on the witness B (victim) and E’s legal statement at each lower court and the evidence evidence, namely, ① the victim was inflicted an injury upon the victim by consistently taking the victim’s hand from the investigative agency to the court of the lower court, and by taking the victim’s hand, taking the victim’s seat into consideration.

E, which witness the scene at the time and speaks for the defendant and the victim, also considered the situation in which the defendant drinking the victim at the court of original trial.

The defendant was made a statement consistent with the victim, and ② the defendant was unable to wait for the victim because E and I were taking the two arms of the victim.

However, even if it is based on the fact-finding certificate (Evidence No. 2) prepared by the defendant I submitted at the trial, witness I is only deemed to have a dispute between the defendant and the victim, and the defendant was unilaterally informed of the fact that it is difficult for the defendant to easily understand that the above person was able to find out only the defendant, even though the defendant was unilaterally fit for the victim.

There is no statement.

In full view of the facts, there was a mutual violence between the Defendant and the victim.

As can be seen, the defendant's above assertion is rejected.

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