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(영문) 인천지방법원 2017.07.21 2016노3279
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not have any fact that the Defendant inflicted an injury on the victim, contrary to the facts of the crime acknowledged in the judgment of the court below (the Defendant stated the grounds for appeal on the grounds of appeal that the sentencing was unfair, but the Defendant withdrawn the unfair points of sentencing on the first trial date of the court of first instance). 2. The judgment of the court below can be recognized by each evidence duly adopted and examined by the court below; 1) consistently with the investigation agency from the victim to the court of the court below to the court below, and stated the situation and the content of the damage at the time and the contents of the statement correspond to the facts of the judgment of the court below; 2) The witness D showed that the Defendant and C around the public service center of the South-dong Police Station civil service office of the South-dong Police Station at the time of August 25, 2015, at the time of this court of first instance, and it was not deemed that

After the end of the situation on the same day, I tried to place a hole in C's arms.

It is asked why the defendant made a hole or not, and the defendant made a hole.

In full view of the fact that the statement about the situation at the time of “the injury was made”, ③ the date on which the injury was written and the content of the injury correspond to the content of the victim’s statement, ④ there are no circumstances that make a false statement about the situation at the time when D was made, the Defendant can be recognized as having inflicted an injury on the victim as stated in the lower judgment

Therefore, the defendant's assertion of mistake is rejected.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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