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(영문) 수원지방법원 2021.01.13 2019노7085
상해
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the defendant resisted to assault the victim first, and refers to "the death of the victim", and only the head is a citizen, and there is no head or friendship in the body of the complainant.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined in the judgment of the court below and the court below, the defendant can be recognized as having abused the victim as stated in the facts charged in the judgment below.

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

A. According to CCTV images taken at the time of the instant case, when the victim was seated, the Defendant first sealed the victim’s chest part of the victim’s chest as stated in the lower judgment, as in the facts charged in the lower judgment, and the victim got the victim to go beyond the Defendant.

B. The Defendant asserted that he had the victim go beyond the first locking prior to being taken on CCTV, and that he would have the head of the victim, such as the face taken in response to the CCTV. However, the witness D at the present site of this case stated in the trial that the Defendant’s escape was only once memory, and the above assertion by the Defendant is difficult to believe.

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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