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(영문) 인천지방법원 2013.05.10 2013노68
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below which convicted the defendant, although the defendant did not injure the victim or insult the victim, is erroneous in the misapprehension of facts which affected the conclusion of the judgment.

2. Determination

A. A. The summary of the facts charged of this case 1) On December 7, 2011, the injured Defendant entered the above redevelopment office while broadcasting against redevelopment by using scackers before the D redevelopment office located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and "I wish to open the victim E (the age of 33) who was seated on the scacker to 80db below the 80db," and "I wish to open the victim's chest by scacking the victim's chest in good hands, scacking the victim's fingers, scacking the victim's two descendants, scacking the victim, and then sealed the victim for about 14 days, and then raised the victim "I wish to open the victim's disease at the time and place described in paragraph 1," and "I wish to open the victim's disease at the time after the lapse of 14 days."

B. The lower court found the Defendant guilty of the facts charged in the instant case on the grounds that, in light of the structure, consistency, and statutory attitude of the E and F’s statement in the court, its credibility appears to exist, and otherwise, there are no reasonable grounds for rejecting its credibility.

C. The defendant at the court below made the same assertion as the reasons for appeal, and the court below rejected the defendant's argument for the same reasons. The court below stated that the defendant's argument was examined in the court below and closely compared it with records, ① the victim E and F have consistently expressed that the defendant was able to take the victim's desire, and that the victim E and F have pushed the victim.

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