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(영문) 부산지방법원 2016.12.23 2016노3815
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below which found the defendant guilty of the facts charged in this case was erroneous in misunderstanding of facts, although the defendant set cement block, but he had never displayed the victim's head part toward cement block.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the fact that the Defendant inflicted an injury on the victim can be recognized.

Therefore, the defendant's assertion of mistake is without merit.

(1) The victim consistently stated at an investigative agency and the lower court that he suffered from the Defendant the same damage as indicated in the facts charged of this case.

(Evidence Records 71 pages, 71 pages of the original trial against the victim) (2) although the defendant had cement block, L and M were put on the ground floor of the match during the horse season, L in the original trial, stating that the defendant was not a victim because he was underground, and M were not a victim due to the defendant's news block, and that he was immediately deprived of the defendant's news block (4 pages of the witness examination report of L, M, 3 pages of the witness examination report of M), and F stated that the defendant got to go to the victim in the original trial (2 pages of the witness examination report of F), and that G, a taxi engineer, who was a taxi engineer, in the process of being pushed by the defendant and the victim, made a statement that he was not a victim (2G records of the witness examination of the court below against F), and that it was difficult to see that the defendant was a witness who was a witness of the court below when he stated in the first instance trial on the wall and the wall (78G records of the witness examination of the defendant).

(3) The term "influoral dubal dubal dubal dubal" mentioned in the victim's death diagnosis report.

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