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(영문) 대구지방법원 2017.04.21 2016노3449
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant was only able to have a larlar with the victim, did not inflict any injury on the victim as stated in the facts charged, and did not have any intention to inflict any injury.

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal, and the lower court held that (i) F and G were present at the site at the time of the instant case, and (ii) the Defendant was at the scene of “F and G,” and (iii) the victim was at the location of the victim by interesting the Defendant, thereby leading the Defendant to the extent of about 90 cent of the victim’s fating with the fat, making the victim seated and fated, and (iv) the Defendant was able to take the Defendant’s hand by preventing the Defendant from holding the Defendant’s hand.

진술하였는바, 위 진술의 신빙성을 의심할 만한 사정은 보이지 않는 점, ② 피해자가 이 사건 이후 찍은 목 부위 사진을 보면 빨갛게 부어 있음을 볼 수 있고, 피해자는 이 사건 이후 여러 차례 병원에 다니며 치료를 받은 점 등을 종합하면 이 사건 공소사실이 충분히 인정된다는 이유로 위 주장을 배척한 다음 이 사건 공소사실을 유죄로 인정하였다.

B. The following circumstances acknowledged by the court below and the records of this case, namely, ① a witness F and G stated in the court of the court below to the same effect as the judgment of the court below, and according to this, the defendant can be recognized as having drawn the victim’s breath, ② a medical certificate submitted by the victim (it does not mean that the defendant was merely a general medical certificate, not a medical certificate, but a general medical certificate. However, even if a medical certificate not prepared in the form of the so-called injury (see Article 17(1) of the Medical Service Act, Article 9(2) of the Enforcement Rule of the Medical Service Act, and Article 9(2) of the Enforcement Rule of the Medical Service Act, it does not mean that the medical certificate and the subsequent medical opinion are false unless there are any other special circumstances) and each photograph are taken into account.

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