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(영문) 인천지방법원 2014.11.28 2014노3129
상해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal does not contain any injury by assaulting the victim B, as described in the facts charged.

2. Determination on the grounds for appeal

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.

B. The judgment of the court below 1) The written diagnosis of injury submitted by the victim of the crime of injury generally ascertains the cause of the injury based on the victim's statement, stating the part and degree of the injury observed and judged by using medical professional knowledge, and it is insufficient to be evidence to directly prove that the injury occurred from the criminal act of the defendant. However, if the date and time when the diagnosis of the injury occurred and the written diagnosis of the injury are close to the point and time when the injury occurred, there is no reason to doubt the credibility of the written diagnosis of the injury, and if the victim's part and degree coincides with the cause and circumstance of the injury alleged by the victim, unless there are special circumstances such as where the victim discovered other circumstances that the victim suffered the injury or prepared a false medical certificate from a third party, it cannot be rejected as evidence of the defendant's injury as well as evidence of the fact that the victim suffered the injury, and the defendant cannot be found to have been lawfully decided by the police without reasonable grounds (see, e.g., G., Supreme Court Decision 201Do1278, Jan. 27, 20120).

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