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(영문) 인천지방법원 2013.08.09 2013노529
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of legal principles as to the defendant's guilty, although the defendant was unilaterally assaulted by the victim and did not inflict an injury upon the victim, and thus, affected the conclusion of the judgment.

2. Determination

A. On June 12, 2012, around 14:50 on June 12, 2012, the Defendant: (a) at the room of the victim D (36 years of age) with the third floor of the building C in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) at the room of the victim D (36 years of age); (c) misleads the victim to have taken a bath to himself/herself; and (d) took the victim’s timber that he/she had taken in the said room by misunderstanding that he/she had taken a bath; and (d) 3 to 4 times the victim’s shoulder each by drinking.

Since then on the first floor of the above C building, the defendant deemed the victim to have a larlar.

Accordingly, the Defendant assaulted the victim as above, thereby causing bodily injury to the victim, such as climatic and climatic salt, which requires approximately three weeks of treatment.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the following evidence.

C. The following circumstances can be acknowledged by the evidence duly admitted and investigated by the court below, i.e., the victim made a statement from the investigative agency to the court below that he/she was faced with the defendant on his/her own room (Article 304) and the first floor, ii) the married couple of the above building C, E, and F appear as a witness in the court of the court below, and stated to the effect that the defendant and the victim were made at the same time (Article 29, 30, 34 of the trial record), iii) the video of the victim’s body body image taken after the instant crime was committed, according to the victim’s image of the body parts taken at each stage of the crime of this case, it appears that the victim was at a point of view to be at the victim’s body fighting. iv) The victim’s opinion drawn up after two days after the instant crime of this case was committed.

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