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(영문) 대구지방법원 2013.06.04 2012노3281
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant only flick the victim's way while driving on the way, and there is no assault against the victim, and the written diagnosis submitted by the victim is prepared by falsity.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. The evidence duly adopted and examined by the court below, in particular, each of the statements made by the victim G in the investigative agency and the court of original instance by the victim G, has a specific and consistent part.

In the event that: (a) the date and time when the injury occurred and the date and time when the injury was written are close to the time and there is no reason to suspect the credibility in the process of the issuance of the injury certificate; and (b) the part and degree of the injury as stated are consistent with the cause and circumstances of the injury alleged by the victim, barring special circumstances, such as the occurrence of the circumstance where the victim is likely to suffer different injury due to assault from a third party, or the preparation of a false diagnosis certificate is revealed, the injury diagnosis certificate becomes a significant evidence of the injury of the defendant as well as the statement of the victim; and (c) the probative value thereof shall not be arbitrarily dismissed without

(See Supreme Court Decision 2010Do12728 Decided January 27, 2011 (see, e.g., Supreme Court Decision 2010Do12728, Jan. 27, 201).

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.

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