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(영문) 서울서부지방법원 2016.04.28 2015노1683
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant only left retail part of G at the time, and did not inflict any injury on G by satisfing the fat, etc. by sating the fat of G’s fat, etc.

2. Determination

A. The credibility of each statement in G, H, I, and F’s investigative agencies or courts of the lower court, which correspond to the facts charged in the instant case, is very high, because it is not consistent with the content of the statement, specific, natural, and contradictory. G, which is the content of the diagnosis issued by the U.S. Hospital on October 29, 2014 (Evidence 9 pages), (i) after diagnosis by the U.S. Hospital on October 29, 2014, is consistent with the contents of the diagnosis document issued (Evidence 9 pages).

B. On the other hand, there are many aspects that are difficult to believe, such as the Defendant’s witness M, K, and the Defendant’s each legal statement of L by each of the witnesses of the lower court, K, and the Defendant’s witness, are inconsistent or contradictory as follows.

L testified at the court of first instance to the effect that K and the Defendant went to the beauty room, and that he was present at the beginning from the outside of the beauty room, and M testified at the court of original instance to the effect that he did not have L at the time of witnessing the situation inside the beauty room (the trial record 107 pages, 109 pages). L had 5-6 women inside the beauty room at the time of the statement. L had 5-6 women inside the beauty room.

At the court of the first instance, 4 women have been entered;

The statements were reversed.

(c)

As above, comprehensively taking account of the high credibility of G, H, I, and F’s statements, the lower court’s judgment that found the Defendant guilty of the instant facts charged that the Defendant injured G, is justifiable, and the Defendant’s assertion of mistake is without merit.

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

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