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(영문) 대구지방법원 2013.10.10 2013노1141
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant only made a dispute with the victim at the time of the instant case, and did not cause an injury to the victim by forcing or causing an injury to the victim from the vehicle.

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. In the investigative agency and the court below’s decision, the victim made a consistent statement to the effect that the defendant forced the victim to enter the vehicle and suffered the injury of this case in the process.

In addition, F at the time of the instant case also stated in the original trial court that the Defendant appeared to have been present at the time of the instant case to the effect that the Defendant had been present at the time of drawing up the victim and getting the victim to a suppression.

The above statements are specific and clear, and there is no special circumstance to suspect the credibility thereof.

In addition, there is also an injury diagnosis corresponding to the victim's statement.

Therefore, the court below's finding the Defendant guilty on the grounds of the above circumstances is just and there is no error of 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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