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(영문) 부산지방법원 2015.12.24 2015노1225
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below that found the defendant guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment, although the defendant did not have suffered injury from the victim.

2. Comprehensively taking account of the following circumstances acknowledged by the court below as a whole, comprehensively taking into account the evidence duly admitted and examined by the court below as to the grounds for appeal, the fact that the defendant suffered injury by causing injury to the victim as stated in the judgment below is sufficiently recognized.

Therefore, the defendant's assertion is without merit.

① The victim of the instant crime stated to the effect that “the Defendant was exposed to the victim’s face by ice fice fices” from the time when the police officer was dispatched to the site through 112 report to the lower court (Evidence No. 35, No. 53, No. 54, and No. 56 of the record). No reasonable circumstances were found to suspect the credibility of the statement, and the statements (Evidence No. 43, No. 44 of the record) by G and H (Evidence No. 43, No. 44 of the record) of the instant case at the time conform to

② On June 2, 2014, the victim: (a) shown the upper part of the victim’s face to the police officer called out on the date of the occurrence of the instant case; and (b) issued a written diagnosis to the effect that the victim suffered damage to the coin’s reputation, which requires approximately two weeks’ treatment at a member of the Maryary Foreign Bureau, on June 2, 2014; and (c) there is no other reason for the victim to suffer such injury, except for the acts as stated in the Defendant’s holding in the lower judgment.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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