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(영문) 의정부지방법원 2016.11.10 2016노2287
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant does not have any fright side of the victim’s left side, and the Defendant cannot be said to have suffered any injury identical to the entries in the facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in mistake.

2. The judgment of the court below also asserted the same purport as the above grounds for appeal.

The lower court rejected the Defendant’s assertion on this point, on the grounds that it could be recognized as the facts charged, based on the victim’s statement with the circumstances and credibility as indicated in its holding.

In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, the victim’s statement on the background of the injury inflicted by the Defendant is specific and consistent, the relationship between the Defendant and the victim, and the age and gender of the victim, it can be sufficiently recognized that the Defendant suffered injury as indicated in the facts charged in the instant case.

Therefore, the defendant's above assertion cannot be accepted.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless. It is so decided as per

(However, since it is clear that the "victim" in the first sentence of the judgment of the court below is a clerical error of "F", it shall be corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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