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(영문) 의정부지방법원 2014.09.26 2014노632
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant only tried to catch a victim with a larlar and defend the victim with a threat, and did not inflict an injury by assaulting the victim as stated in the facts charged in this case.

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous in misconception of facts.

2. The court below stated that the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, ① the victim E has consistently made a statement in the investigative agency and the court below's decision that "the defendant was faced with the wall" to the effect that "the defendant was faced with the wall of the victim," and ② The F.C. investigative agency and the court below stated that "the defendant was faced with the wall of the victim by making the victim's breath" at the ward room, and the hospital nurse G also stated that "the defendant was "the defendant was faced with the wall of the victim by making the breath of the victim's breath and pushed towards the wall." The victim's statement as witness F and G also conforms to the above victim's statement, ③ the victim's 3-day medical treatment from the doctor of the hospital after the occurrence of the case is sufficiently acknowledged by the examination and examination of the above case's breathal unit, stoke, stop, stoke, and examination of the charged.

Therefore, the defendant's above assertion is without merit.

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

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