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(영문) 인천지방법원 2019.07.11 2018노4459
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is only a fact that the defendant is engaged in such a way that he can be easily pushed off the victim, and there is no fact that he is frightened with the shoulder of the victim, or taken off the face of the victim;

2. The judgment of the court below as to the grounds for appeal is consistent with the following circumstances: (i) the victim stated the police officer dispatched to the scene at the time to the court below that “the victim attempted to harm the victim while assaulting the victim and broken down the victim in the process; and (ii) there is room to view some of the victim’s statements in the investigation process as exaggerated or different from the fact; (iii) the victim’s photograph of assault against the victim taken by the police officer at about 30 minutes after the occurrence of the case (Evidence records 8,9 pages) or the victim’s first 112 report prior to the defendant (Evidence records 110, trial records 21,22 pages); (iii) the victim’s statement to the effect that the victim’s statement was credibility as a whole; (iv) the victim’s statement to the effect that he/she did not suffer any harm other than the victim’s medical examination and treatment bill issued on March 30, 2018; and (v) the victim did not have any error of law such as misunderstanding of misunderstanding on the victim’s and other medical records.

Therefore, the defendant's above assertion is without merit.

3. As such, 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.

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