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(영문) 대구지방법원 2013.04.25 2012노3593
존속상해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant does not injure the victim;

The victim has lost balance after the defendant was living in his own, and the defendant was not in a situation where he could catch and spathize the victim's breath from the victim's side with the wind that he was under pressure.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. According to the records, the victim A has made concrete statements concerning the circumstances during which the victim was assaulted by the defendant at the time of the instant case from the investigative agency to the court of the court below, and there is no consistency and contradiction in the important parts.

The court below is just in finding a defendant guilty of the facts charged of this case on the basis that A's statements made by investigative agencies and the court below as its main evidence, and there is no error of law by misconception

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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