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(영문) 대구지방법원 2014.07.03 2014노139
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant assaultss the victim and inflicts any bodily injury as stated in the facts charged.

The lower court found the Defendant guilty of the facts charged in the instant case.

2. According to the evidence duly adopted and examined by the lower court, the following facts or circumstances are acknowledged.

① On March 16, 2013, the victim consistently stated from the investigative agency to the court below that “the Defendant assaulted the victim’s head debt, etc., and consistently stated that “the victim’s head debt was taken and faceed.”

② From the investigative agency to the court below, the witness F, having no interest with the victim and the defendant, stated that “the defendant was shaking the victim’s head debt in good hands on March 16, 2013, was faced with the victim’s face, and the victim’s head satisf was cut off. Even on March 18, 2013, the victim was suffering from the defendant’s head debt, and the defendant continued to display his arms and took several parts of the victim’s head debt, and even took part in the victim’s statement.” This is consistent with the victim’s statement.

(3) On March 18, 2013, the victim was diagnosed at a hospital that he/she suffered bodily injury, such as elbows in elbows, saltss of selbows, tensions, etc., and was treated.

In full view of this, it is reliable in the statement of the victim, and it can be sufficiently recognized that the defendant assaults the victim, such as the facts charged, and has inflicted bodily injury on the victim.

The judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is no error of law by mistake.

In full view of the background and contents of the instant crime and the conditions of sentencing as shown in the pleadings, such as the records and arguments, the sentence imposed by the lower court is also appropriate.

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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