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(영문) 의정부지방법원 2016.12.09 2016노2740
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not have any act of assaulting the victim and causing bodily injury as stated in the facts charged.

Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case erred by misapprehending the legal doctrine.

2. The judgment of the court below is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim made a concrete and consistent statement from the investigative agency to the court below to the effect that “the victim was able to have a petion, but the defendant was faced with her head and her face,” ② there are no special motive or circumstance to make a false statement in order for the victim to gather the defendant; ② there is no special circumstance to suspect the credibility of the above statement; ③ there is no circumstance to suspect the credibility of the above statement (it is difficult to readily conclude that the victim made a false statement solely because the defendant and the victim were in a divorce lawsuit) ③ The victim made a call from the defendant to the effect that “the victim was 112,” and eventually, the victim was sent to the police officer, ④ the victim’s parts and degree of injury on the victim’s wife’s body and the diagnosis report are consistent with the victim’s statement, and the victim could not be seen as having inflicted an injury to the victim due to any other reason in addition to the instant case.

Therefore, the judgment of the court below that found the defendant guilty of the facts charged of this case is just and there is no error of mistake of facts as alleged by the defendant.

Defendant’s assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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