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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.11.07 2013노2881
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. There is an error of mistake of facts in the judgment of the court of original judgment which judged otherwise, although the defendant only made a verbal dispute with the victim and did not have any physical contact with the victim.

2. According to the evidence duly adopted and examined in the judgment of the court below and the court of the trial, the defendant and the victim were in an unfash relationship. Since the defendant sent the victim prior to the day of this case, the victim's oral dispute with the victim has become worse, and the victim consistently stated that he suffered bodily harm from the defendant and the victim suffered bodily harm. The witness H of the court below reversed the statement in the investigative agency, but stated that the defendant and the victim had been faced with each other, and there is no physical contact with each other, it is contrary to the defendant's assertion that there was no physical contact. The victim immediately received a diagnosis of bodily injury at the hospital on the day of this case, the victim's injury is an external wound, such as the left-hand plele of the back wall, and the injury of the victim is an external wound, etc. Accordingly, it can be found that the defendant and the victim together carried the victim's chest by drinking together with the victim, and the victim was guilty of the charge of this case.

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

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