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(영문) 광주지방법원 2015.01.22 2014노2650
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not inflict any injury on the victims.

B. The sentence of the lower court (four months of imprisonment) is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court as to the assertion of mistake of facts, it is sufficient to recognize the fact that the Defendant inflicted an injury on the victims. Therefore, the above assertion by the Defendant is without merit.

The victims statement that they suffered bodily harm from the defendant consistently due to violence from the investigative agency to the court of original trial.

B. The part of the injury described in each medical certificate (Evidence Nos. 25, 34, 35) submitted by the victims and the part corresponding to the reasons for the injury the victims stated.

C. On March 11, 2014, the Defendant’s defense counsel asserts that the statements of the victims are inconsistent with the statements of G police, a witness to the instant crime, and the statements of the victims.

G made a statement at the police station that the Defendant’s head did not see the victim F’s threshold. However, on the other hand, the victim F made a statement that the victim F was vagach in the process of preventing the Defendant from entering a restaurant (Evidence 52 pages). This is considerably consistent with the victim F’s statement in the lower court’s trial that the Defendant was faced with the victim F while intending to enter a restaurant, and the victim F was faced with his/her head’s name. As such, it is difficult to reject the credibility of the victim’s statement solely based on the above G’s statement.

피고인의 변호인은 2014. 3. 14. 이 사건 범행을 경찰에 신고한 N과 관련하여 작성된 내사보고(신고자 N 진술)에 의하면, 피고인이 자신의 머리를 벽에 찧고 그릇을 바닥에 던졌다는 것인데, 이는 피해자 E의 진술과 상이하므로, 피해자 E의 진술은 믿을 수 없다고 주장한다.

However, the foregoing.

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