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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.06.16 2016노282
상해등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the defendant did not cause the victims or damage to the cargo of the victim E at the time of the instant case, and was assaulted by the victim E and F.

Even if the defendant had exercised tangible power against the victims,

This was inevitable in the process of escaping from assault by victims E and F, and the defendant has no intention to commit each of the crimes of this case.

Nevertheless, the judgment of the court below which convicted the defendant of each of the facts charged in this case is erroneous in the misapprehension of facts and affected the judgment.

Judgment

In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the defendant can sufficiently recognize the fact that the defendant inflicted an injury on the victim D and E as stated in each of the facts charged of this case and assaulted the victim F and damaged the victim E. Thus, the defendant's assertion is without merit.

Each statement in the investigative agency and the court of original instance of the victims who correspond to each of the facts charged in the instant case has a detailed difference in the process of the instant case or the part of the assault, etc., but it cannot be deemed as a serious difference to deny credibility. The methods of causing injury or assault, the circumstances leading to the damage of the victim E, the statement that the Defendant had made to the victims at the time of the instant case, etc. are relatively specific and alternative to the extent that it is impossible to make a statement if he/she did not have any direct experience, and the circumstances leading up to the statement are natural, and the victims do not seem to have any other circumstances that make a statement unfavorable to him/her, and thus, credibility is recognized.

The injury part and degree of each injury diagnosis submitted by the victim D and E are also consistent with the victim's statements.

B. At the time of the instant case, the Defendant exercised it to the victims.

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