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(영문) 대구지방법원 2013.06.13 2012노2656
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that at the time of the instant case, the Defendant was in office and did not appear at the scene of the instant case and did not inflict any injury upon the victim in consideration of the victim.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The victim stated in the investigative agency and the court that the defendant admonishs the victim and F of tobacco to avoid smoking, and that he/she sustained an injury in light of the victim's knives, side gums, and dubs, etc.

The statements made by the victim on the background of the case and the method of crime are consistent, concrete and clear.

There is also an injury diagnosis corresponding to this.

In addition, F at the investigation agency and court, he is memorying of the defendant's face because he/she gets tobacco before the time when he/she received a decoration from the defendant. At the time of this case, at the time of this case, the victim stated consistently that he/she is the defendant.

In addition, H was at the same site where J was awarded a decoration, in investigative agencies and courts, and is memory of the defendant's face by going to the same KH as the defendant. He stated that the person who received J is the defendant.

There is no reason to deny the credibility of the above statements.

Therefore, the court below's finding the defendant guilty on the ground of the above evidence is just and there is no error of law by mistake of facts.

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

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