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(영문) 대구지방법원 2017.07.21 2017노411
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant does not inflict any bodily injury upon the victim by asking him/her, in addition to the facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

2. The judgment of the court below is justified in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: ① the victim B stated in the court of the court below that “the defendant sustained bodily injury by asking the victim as stated in the facts charged (the victim No. 132 of the trial record)”; ② the employee H at the site at the time of the case stated that “the defendant had observed a witness to injure the victim, and was faced with the victim’s face immediately after the case (the court record No. 66 of the trial record)”; ② the defendant stated in the court of the court of the court of the court below and the investigative agency that “the victim inflicted bodily injury on the victim by drinking the victim” (the victim No. 114 of the trial record No. 114 of the trial record, No. 17 of the evidence record), ③ the video and diagnosis report of the victim’s body image, and the facts charged by the defendant were proved to have been affected by the judgment of the court below.

subsection (b) of this section.

Defendant’s assertion is without merit.

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

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