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(영문) 의정부지방법원 2014.02.19 2013노913
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal did not have any injury to the injured party, as stated in the facts charged, the court below concluded that the defendant committed the crime of injury with the same circumstance as the facts charged in the judgment of the court below. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. According to the evidence duly adopted and examined by the court below and the court below, such as the witness C’s statement in the third trial records of the court below, the witness E’s statement in the court below, the witness I’s statement in the party trial, the victim C’s police statement, the injury diagnosis statement, etc., in the court below’s third trial records, the defendant visited the house of the victim C and the body of the victim, who is a friendly father, due to a debt problem, can be recognized as a punishment for the defendant, and the fact that the defendant injured the victim C and the body of the victim in the same circumstance as the facts constituting the crime

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

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