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(영문) 대구지방법원 2020.01.09 2019노616
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (as to the part concerning injury and assault) does not contain any injury or assault to the victim as stated in the facts constituting the crime of the lower judgment.

2. Comprehensively taking account of the following circumstances acknowledged by the court below and the evidence examined by the court below, it can be acknowledged that the defendant inflicted an injury or assault on the victim as stated in the facts constituting the crime of the court below.

The lower court did not err by misapprehending the facts and adversely affecting the judgment.

① From November 2, 2016 to November 4, 2016, the victim stated that the Defendant was head and body of the Defendant’s vehicle within the passenger vehicle from November 2, 2016 to November 4, 2016, and that the Defendant was head and body within the said passenger vehicle around December 2016.

Examining the above statements, the victim has made a concrete and consistent statement as to the main parts of the damage.

② On November 5, 2016, immediately after the victim was injured, the victim told his father of the above-mentioned facts from the Defendant, received medical treatment at K Hospital on the same day. On the same day, the victim visited the H Center to state the fact of the injury.

When receiving treatment at the above hospital, the victim stated to the doctor in charge that “the victim was at the price of drinking water to the male-gu.” The medical records also contain the same contents.

(Public Trial Records 176 pages). The victim continued to meet with the defendant on January 12, 2017, and filed a criminal complaint against the defendant on January 12, 2017. It is difficult to view that the victim made a false statement on the cause of injury to the doctor in charge in preparation for criminal complaints, etc. two months prior to

③ On November 7, 2016, the victim was at the time of having set up the H Center, and the Defendant also prepared a written confirmation (eight pages of evidence records) recognizing the victim’s use of violence by finding the victim’s house at the victim’s house.

The defendant.

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