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(영문) 인천지방법원 2020.11.13 2020노588
상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant did not inflict any injury upon the victim as stated in the facts charged of the instant case.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the determination of guilty of the facts charged in the instant case.

2. Determination

A. The lower court determined that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court of the lower judgment, the Defendant could sufficiently recognize the fact that the Defendant inflicted an injury by assaulting the victim as stated in the facts constituting the crime in the lower judgment.

(1) From the investigative agency to the court of the court below, the victim has consistently made a statement from the investigative agency to the court of the court below on the following: “The victim demanded that the relevant documents of the case the victim stated as a witness be removed, but when the victim gets her head by reason of the victim’s failure to comply with the request, etc., the victim took the victim’s her head by

(Evidence No. 254-255 pages). (2) On November 27, 2018, the following day of the instant case, the victim issued a written diagnosis. According to the written diagnosis of injury, the name of the victim stated “dub box, ging-type, ging-type, ging-out, and both sides of strings, right hand, and right hand,” (Evidence No. 23 pages of the record). The victim’s name corresponds to the part of the injury as indicated in the written diagnosis of injury, the cause and degree of the injury claimed by the victim.

③ The Defendant and the defense counsel asserted to the effect that the credibility of the medical certificate of injury is doubtful because the victim’s home and place of work is a hospital located in the victim’s home and place of work. However, such circumstance alone is difficult to reject the credibility of the medical certificate. Rather, according to the result of the court’s request to submit documents to the National Health Insurance Corporation, the victim appears to have been hospitalized for about 14 days at the above hospital.

The defendant has found the victim hospitalized in a hospital.

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