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(영문) 청주지방법원 2014.05.02 2013노692
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal stated in the facts charged is that the defendant informed the victim of the contact point of the representative director of the new apartment house in this case, and only caused the victim's shoulder once due to his fingers because he did not answer, and did not injure the victim as stated in the facts charged.

Therefore, the judgment of the court below that found the Defendant guilty on the facts charged of this case is erroneous.

2. The injury diagnosis report submitted by the victim in the crime of injury generally grasps the cause of injury based on the victim's statement, and includes the part, degree, etc. of the injury observed and judged by using medical professional knowledge, and it is insufficient to be a direct proof of the fact that the injury as stated above was caused by the criminal act of the defendant. However, if the date and time of the diagnosis of the injury are close to the time and the time of the occurrence of the injury, there are no special circumstances showing credibility in the process of the issuance of the injury diagnosis report, and the part and degree of the injury as mentioned are in accord with the cause and circumstance of the injury alleged by the victim, unless there are special circumstances such as the victim's act of assault from a third party or the fact that the doctor has discovered any circumstance that there was a different from the victim's act of assault or prepared a false diagnosis report, such injury diagnosis report shall be sufficient evidence to prove the fact of the injury of the defendant, and the probative value thereof shall not be dismissed without reasonable grounds.

(see, e.g., Supreme Court Decision 2010Do12728, Jan. 27, 2011). Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the lower court, the Defendant may acknowledge the fact that the Defendant inflicted bodily injury on the victim as stated in the instant facts charged.

Therefore, the defendant is guilty of the facts charged in this case.

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