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(영문) 창원지방법원 2014.12.24 2014노2056
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the victim's wife is limited to the situation where the victim faces face of a vehicle parked in the neighborhood while the victim tried to get out of the defendant, and the victim faces face of a vehicle parked in the neighborhood, and there is no fact that the defendant takes face of the victim by drinking;

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. After examining the victim, F, H, and G as to the witness, the lower court convicted the Defendant of the instant facts charged by comprehensively taking account of the aforementioned witness’s legal statement and the prosecutor’s protocol of interrogation of the suspect against the Defendant, the victim, the injury diagnosis statement, and the damaged photograph.

B. The following circumstances revealed by the evidence duly adopted and examined by the court below: ① the victim made a statement that he was in contact with the defendant at the time of the dispute at the time of the instant case, namely, ① the victim made a statement that he was in contact with the defendant during the dispute at the time of the instant case, and made a statement that he was in excess of the center while getting out of the train, and ② the victim made a statement that he was in contact with the defendant and the family members of the defendant and the victim suffered bodily injury from the snow around the snow in a consistent manner up to the court of original trial. ② The victim made a statement that he was in contact with the witness at the investigative agency to the effect that he was in contact with the defendant several times before the court of original trial, ② the victim was in fighting again with the defendant and the victim's family members while he was in contact with the defendant, and that the victim was threatening to the defendant by gathering the stone at the time of the instant case, consistent with the circumstances at the time of the instant case, such as H and other witnesses, and ③ the victim made a statement that he was in contact with the victim.

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