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(영문) 의정부지방법원 2012.12.18 2012노1920
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in matters of mistake of facts which found the Defendant guilty of the facts charged in this case, although the Defendant did not inflict an injury upon the victim by walking the right direction of the victim.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim has consistently parked in front of the defendant's house from the investigative agency to the court of the court below to the court of the court below, making a clear statement that she had the defendant walked about her right course while playing the defendant's house; ② the victim's statement that she does not want punishment of the defendant in the court of the court of the court below; ② the victim has credibility in her statement because she did not peep any circumstances to the defendant; ③ the image of the victim's photograph taken on the damaged part (9 pages) the victim's photograph, and the statement about the injured part and degree of the victim's injury (20 pages of the evidence record) are consistent with the facts charged in this case. Thus, the defendant's above assertion is without merit.

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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