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(영문) 인천지방법원 2020.10.30 2020노141
상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant, like the facts charged in the instant case, did not have inflicted an injury on the victim as he was faced with the victim’s face face. However, the lower court which found the Defendant guilty erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The lower court determined that the lower court found the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (a) the victim stated the facts of damage consistent and specifically in the investigative agency and the lower court; (b) there is no contradiction in the statement; and (c) the victim appears to have no motive to make a false statement against the Defendant, under the charge of perjury and the punishment for anless accusation; (b) there was considerable credibility in the victim’s statement on the day of the instant case; (c) there was a dispute between the Defendant and the victim in the resting room and the victim; (d) the police officer was dispatched to the resting room and the victim reported immediately 112; (d) the victim was sent to the hospital with the victim’s statement; (e) the victim added credibility in the victim’s statement to the victim’s statement; and (c) the victim was under diagnosis and treatment at the hospital of the instant case.

B. Examining the above judgment of the court below in light of the records of this case, the judgment of the court below is just and acceptable, and it cannot be said that there is an error of mistake of facts as pointed out by the defendant, and the defendant's assertion is without merit.

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

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