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(영문) 부산지방법원 2016.04.15 2015노1604
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant unilaterally committed an assault against the victim at a time and at a time and at a time at which the crime No. 1 (hereinafter referred to as “the denial part”) as indicated in the judgment of the court below was committed; (b) there was no injury to the victim as stated in the first denial part; and (c) there was small body fighting with the victim at a time and at a time and at a place where the crime No. 2 (hereinafter referred to as “the second denial part”) as indicated in the judgment of the court below was committed; but (d) although there was no injury to the victim as described in the second denial part, the court below erred by misapprehending the legal principles or by misapprehending the legal principles that found the Defendant guilty of all the parts of

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. The written injury diagnosis submitted by the victim in the crime of injury by relevant legal principles is generally identified based on the victim's statement, and the part and degree of injury, etc. of the victim who mobilized medical expertise to observe and determine based on the victim's statement, and it is insufficient to directly prove the fact that the injury as stated therein 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 point and time of the occurrence of the injury, there is no special circumstance to suspect the credibility of the accident, and if the victim's part and degree coincides with the cause and circumstance of the injury alleged by the victim, unless there is any special circumstance, such as where the victim discovered any circumstance that may cause the injury differently by being abused by a third party or where the fact that the victim prepared a false diagnosis report is revealed, the injury diagnosis shall be sufficient to prove the fact of the injury of the defendant along with the victim's statement, and its probative value may be dismissed without reasonable grounds.

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