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(영문) 수원지방법원 2015.09.04 2015노1326
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant unilaterally committed an assault against the victim C and does not inflict an injury on the victim.

However, the judgment of the court below which recognized the crime of bodily injury against the defendant is erroneous.

2. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below, i.e., ① the victim C consistently from the investigative agency to the court below, and consistently made a statement from the defendant to the defendant to the court below that the victim suffered bodily injury, ② the victim spawndddd with severe pain on the front part of the victim who was sexually treated after the victim was abused by the defendant, ② the victim was issued a medical certificate under the name of “flaging and galmalmal spathral, damage to the character of the mouth, and spawd,” ③ the CCTV at the present site, and ③ the defendant abused the victim.

Although it is difficult to clearly know the fact that the Defendant did not assault the victim, in full view of the fact that the Defendant and the victim were at sight and carried out physical fightings with each other, and that the space between the Defendant and the victim appeared clear that there was physical conflict between the victim as the Defendant and the victim were followed by the Defendant, it can be recognized that the Defendant inflicted bodily injury on the victim. Thus, the Defendant may be recognized as having committed the crime of injury.

Therefore, the judgment of the court below that recognized the crime of injury to the defendant is just, and there is no error of law by mistake of facts as alleged in the grounds of appeal, and thus the defendant and his defense counsel

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

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