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(영문) 서울북부지방법원 2017.12.01 2017노409
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misunderstanding the facts or misunderstanding the legal principles, tried to prevent the victims from taking advantage of his personal seal or driving alcohol, and did not neglect the victims.

The injury claimed by the victim is not caused by the act of the defendant.

Even if the defendant exercised the force of force against the victim, the illegality is excluded as it is for the victim's drinking driving.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. In light of the trial-oriented principle and the spirit of substantial direct and psychological principle as stipulated in the Criminal Procedure Act regarding the assertion of misunderstanding of facts or misapprehension of legal principles, if the court below intends to reverse the determination of credibility of witness testimony, it must have to be sufficiently and sufficiently understandable.

However, considering the results of the review conducted up to the appellate court, such significant circumstances were found.

shall not be deemed to exist.

Comprehensively taking account of the evidence duly adopted after examining the evidence, the victim has consistently made statements that correspond to the facts charged.

Although the injured party appears to have done a drinking before he/she arrives at the defendant's office, such circumstance does not seem to be inconsistent with the result that the Defendant and the injured party met with the assault.

Although the victim continued to have a relationship with the Defendant even after the instant case, he/she was issued a medical certificate of injury in several months, the diagnosis itself was conducted on January 22, 2016 following the instant date.

The description of the injury diagnosis report, the upper part photograph, and the conversation between the victim and the doctor at the time of the diagnosis conforms to the victim's statement, and the injury was inflicted by other causes.

No data can be found.

In addition, each recording file and recording book, the contents of the Messenger dialogue, and two.

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