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(영문) 부산지방법원 2013.06.14 2013노723
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant only has a verbal dispute with the victim and did not assault the victim, and the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in misunderstanding of facts.

2. The following circumstances revealed in full view of the evidence duly adopted and examined by the court below, namely, ① the victim stated from the investigative agency to the court of the court below that he suffered an injury by assaulting the defendant as shown in the facts charged of this case consistently from the investigation agency to the court of the court below; ② the witness of this case sent text messages on the day of the crime of this case under the premise that the victim was assaulted by the defendant; ③ The F sent text messages on the premise that the victim was assaulted by the victim; ③ The Defendant recognized the fact that the victim was assaulted by the victim by using telephone conversations with the victim, thereby sufficiently recognizing the fact that the Defendant inflicted an injury by assaulting the victim. Thus, there is no error of law by mistake of facts in the judgment below convicting the defendant of this case.

3. Therefore, 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 groundless. It is so decided as per Disposition

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