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(영문) 부산지방법원 2013.03.29 2012노2712
상해
Text

The defendant's appeal is dismissed.

Reasons

The summary of the defendant's grounds for appeal is that the court below found the defendant guilty of the facts charged in this case, even though the defendant did not commit an act such as breathing and salkeing the victim's breath.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the defendant and Japan business trip guard account from the investigative agency to the court of the court below, the victim made a concrete and consistent statement that the defendant was salving and shakeing the victim's breath, ② the part and degree of injury in the injury examination report and photograph (Evidence No. 345-353) coincide with the victim's statement, ③ G and H considered the victim's hand to be sealed, ④ the witness of the court below stated that the victim was saluted between the defendant and the victim, ④ the victim's salutification between the defendant and the victim, and immediately after that, the victim's salutism was rapidly opened. Thus, the court below's judgment that found the defendant guilty of the facts charged in this case is justified, and the defendant's assertion is without merit.

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

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