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(영문) 대전지방법원 2017.11.23 2017노619
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding the facts) did not err by misapprehending the facts and thereby adversely affecting the conclusion of the judgment, on the grounds that the lower court recognized the Defendant’s crime of injury, although it did not err by misapprehending the facts.

2. The following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the court below, i.e., the victim, consistently at the police and the court of the court below, consistently committed an assault against the defendant.

Statement, “A public official who visited the E-Medical Center at the time was present, and was working as a social worker of the above medical care center in order for the defendant to take part in the work.

G said, G.C.

(2) At the time of the instant case, the Jung-gu Office P of Daejeon Metropolitan City and the public officialsO belonging to the Jung-gu Office of the Daejeon Metropolitan City, who stated “A defendant was in the possession of the victim.”

“The witness G, who was the witness of this case, stated in the police investigation that “The Defendant first left the victim’s breath by breath’s breath, and attempted to gather a white bat on the back of the bat.”

In the state of the defendant and the victim, the defendant got the head part of the victim into two arms.

In full view of the fact that “the above statement corresponds to the victim’s above statement,” ③ the victim visited the hospital on the day of the instant case to undergo a diagnosis of injury as stated in the facts charged, and there is no other circumstance in which the victim was involved in the victim’s injury, it is recognized that the Defendant inflicted an injury by assaulting the victim as stated in the judgment of the court below. As such, the Defendant’s assertion

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 1 of the Criminal Procedure Act).

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