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(영문) 인천지방법원 2016.10.26 2016노1497
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant was assaulted by the victim, and the part of the victim was saved to avoid this, and thus, the defendant was not injured, or constitutes self-defense or legitimate act.

Nevertheless, the lower court erred by misapprehending the facts of guilt.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., (i) the credibility of the victim’s statement in the investigative agency and the court of the lower court on the background of the assault and bodily injury of this case, (ii) the description of the injury diagnosis document (Evidence No. 37) corresponds to the victim’s statement, and (iii) the circumstance leading to fighting between the Defendant and the victim, the circumstances before and after fighting, and the method and degree of the injury, etc., it is sufficient to find the Defendant guilty of the facts charged.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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