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(영문) 청주지방법원 2014.07.03 2014노310
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below which found the defendant guilty in spite of the fact that the defendant did not have any error of law which affected the conclusion of the judgment by misunderstanding the facts.

2. The following circumstances revealed by evidence duly adopted and investigated at the court below's judgment: ① the victim has consistently stated from the police to the court of the court below that "the defendant was faced with a mustache, etc. at his/her hand"; ② the defendant stated that "the victim did not have any physical contact with the victim at all, and only he/she took the place in the place" (No. 17 pages of evidence record), but the victim did not reasonably explain the reason why he/she was faced with, so it is difficult to believe that the statement was made; ③ G police acknowledged that "the defendant was about a dispute with the victim, but there was no fact at the time of the victim," and that it was consistent with the victim's response to the victim's defense (Evidence No. 1 right 25 of the evidence record). Furthermore, the defendant's oral statement and the victim's oral statement are not consistent with the victim's oral statement, and thus, it is hard to see that the victim's oral statement and the victim's oral statement are inconsistent with the victim's defense evidence.

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