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(영문) 창원지방법원 2013.11.14 2013노1477
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not inflict an injury on the victim D and F by assaulting the victim D and F, and that there was no damage on two parts owned by the victim F, but the lower court recognized that the Defendant inflicted an injury on the victims and damaged two parts, and thus, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. In light of the following circumstances duly adopted and examined by the court below, namely, ① the victim D or F consistently stated in the investigative agency and court of the court below that “the defendant inflicted an injury upon the victim D or F by assaulting the victim D or F, and damaged two chemical parts,” the witness G made a statement to the same effect as the victim’s statement in the investigative agency and court of the court of the court below, and ② the photograph (the investigative record 28,29,30 pages) attached to the investigation report of July 9, 2012 corresponds to each victim’s statement of D, F and witness G. In light of the following circumstances, the defendant could sufficiently be recognized as having inflicted an injury by assaulting the victim D or F, and the fact that two chemical parts owned by the victim F were damaged. Therefore, the above argument by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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