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(영문) 서울중앙지방법원 2013.12.05 2013노2815
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal stated that the victim E was able to take advantage of the victim E and spreaded the defendant, and did not inflict any injury on the victim as stated in the facts charged, and that "the victim was sentenced to two years." However, the court below found the victim guilty of each of the facts charged of this case even though he was aware that E was sentenced to two years, and there was no public performance, and even if he did not speak as described in the facts charged, the court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

2. Determination

A. 1) In light of the following circumstances acknowledged by the lower court and the first instance court as to whether the Defendant made a statement as stated in the facts charged, the victim E received money from F at a place, other than Dda on November 15, 2012 at the police investigation stage, and the Defendant made a statement from Dda as to whether there was a verbal or criminal dispute between the Defendant and the victim in connection with the civil or criminal dispute, and the Defendant appears to have made a statement in the process. Therefore, this part of the Defendant’s assertion is without merit. A) The victim E received money from F at the police investigation stage, not only DDada, but also Dda, but also D, and the Defendant made a statement from F that “the Defendant was detained for two years,” and that “the Defendant was replaced by F, who died or killed by a police officer at a trial without permission.”

[The records of the Investigation of Injury (hereinafter referred to as “the records of the Investigation of Injury”)]

(2) The investigation records of the injury are 20 pages, 2012 High Court Decision 1379, hereinafter referred to as “honorary investigation records of the case of defamation.”

(2) On the other hand, at the police investigation stage, the Defendant is also at the DNA bank on November 15, 2012.

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