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(영문) 부산지방법원 2018.07.19 2018노755

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: although the defendant did not inflict bodily injury on the victim by taking the victim's hand, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding of facts or by misapprehending of legal principles.

2. Determination

A. On April 11, 2016, the summary of the facts charged in the instant case was as follows: (a) around 23:35, 2016, the Defendant found the “E” road in front of the building owned by the victim D (the 53 years of age) located in the north-gu Busan Metropolitan City; (b) that the block he accumulated by the Defendant due to the boundary dispute between the site of the neighboring building owned by the Defendant and the site of the pertinent building owned by the victim, and that the Defendant was resisted by the victim, while the Defendant resisted against the victim, the Defendant got the victim to walk up the block with the victim’s hand over the road.

As a result, the Defendant inflicted an injury on the victim, such as salt dynasium, which requires approximately two weeks of treatment.

B. In light of the following circumstances acknowledged based on the evidence duly admitted and investigated by the court below and the court below, the judgment of the court below is just and acceptable, and there is no error of law by misunderstanding of facts or by misunderstanding of legal principles as alleged by the defendant.

① The victim consistently stated the following from the investigative agency to the court below’s court.

The victim is trying to get a taxi while engaging in a dispute between the Defendant and the victim, and the Defendant suffered bodily injury by having himself/herself pushed down (Evidence No. 17 pages, trial records No. 96 pages, etc.). The content of the victim’s statement can be specific, consistent, and naturally reliable.

(2) The statements of witnesses shall also be made by the victim's statements.