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(영문) 부산지방법원 2020.09.25 2020노927
상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant spits or spits the head of the victim and did not cut down the victim's head.

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

2. In other words, the following circumstances acknowledged by the court of the original instance duly adopted and examined evidence by the court of the first instance, i.e., (i) the victim found a restaurant operated by the defendant in order to urge the payment of the premium for the payment of the rent to the court in the investigative agency; (ii) the victim consistently stated the situation at the time when “the defendant spits spite and spite spite spite in B while entering the restaurant outside the restaurant and continuing the dispute after entering the restaurant,” and (ii) the victim was treated by an emergency room immediately after the instant case, due to the damage of spits, etc. to the victim, and the result of such injury appears to have been caused by violence against the victim, etc., as stated in its judgment, the victim can be sufficiently convicted of the fact that the defendant inflicted an injury on the victim.

Therefore, the defendant's assertion of mistake is without merit.

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

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