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(영문) 인천지방법원 2020.01.31 2019노476
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that there is no fact that the defendant is showing the victim's threshold;

Nevertheless, the court below found the defendant guilty of the facts charged in this case where the defendant inflicted an injury upon the victim's price. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

2. The following circumstances, which are acknowledged by the court below after considering the evidence duly adopted and examined by the court below, i.e., ① the victim made a statement from an investigative agency to the court below to the court below consistently by the defendant that the victim suffered an injury by priceing the victim, ② the witness F's statement also conforms to the victim's statement. Although F is an employee of the victim, it cannot be readily concluded that the credibility of F's statement is nonexistent merely because F is the victim's employee, ③ the video CD contains a sound recording of the face where the defendant and the victim are knife and the victim speaks that the victim speaks, ④ the contents stated in the injury diagnosis document issued by the victim following the occurrence of the case correspond to the victim's statement, and the defendant and the defense counsel's assertion that there is an error in misunderstanding of facts can not be accepted.

3. In conclusion, 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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