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(영문) 부산지방법원 2013.06.21 2013노540
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant did not inflict injury on the victim by taking the victim’s arms in good faith; (b) so, the lower court found the Defendant guilty of the facts charged in the instant case in error of mistake of facts.

2. The following circumstances revealed in full view of the evidence duly adopted and examined by the court below, namely, ① the victim made a statement from the investigative agency to the court below that he suffered an injury by assault from the defendant as shown in the facts charged of this case consistently from the investigation agency to the court below. The witness's statement also coincides with this, ② the defendant suffered an injury under the influence of alcohol due to the victim's elbbbbing, which appears to be the upper part of the defendant's arms and caused the price of the defendant's elbing with his own arms during the process of getting out of the defendant's tangible force as described in the facts charged of this case. This appears to be the upper part of the defendant's arms and elbing the defendant's own arms, ③ according to photographs taken from the outside part of the victim's arms, the defendant suffered an injury from the victim's arms.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case cannot be said to have erred in mistake of facts, and the defendant's assertion

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition

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