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(영문) 서울서부지방법원 2014.07.24 2014노253

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which found the defendant guilty of the facts charged in view of the evidence, such as the witness's statement, the certificate of injury, and the photograph of injury that found the defendant guilty of the victim's grandchildren, is erroneous in the misunderstanding of facts.

2. Determination

A. Around 14:00 on May 23, 2012, the Defendant, on the first floor of Yongsan-gu Seoul Metropolitan Government, inflicted an injury on the victim C, the representative of Down occupant, and on the cost of repair of sewage, such as plucking and plucking up the victim’s left hand hand, and plucking on one-time drinking water, resulting in an injury on the victim, i.e., a part of the left part which requires approximately four weeks of medical treatment.

B. The judgment below held that ① the Defendant consistently stated that there was no injury to the victim from the investigative agency to this court, and ② the victim tried to go back to the police box after the Defendant met the threshold, but the Defendant got out of the police box after getting out of the police box after getting out of the police box after getting out of the police box, and the Defendant asked for reconciliation at the police box. If the victim was in the same situation as the injury photograph submitted by the victim as the evidence at the time, the victim appears not to have been in a situation to go out of the police box or to go out of the village bus with the Defendant. Also, it was not deemed that the compromise was not recommended even in the police box; ③ The Defendant and the victim did not appear to have been in a way to go out of the police box; ③ The Defendant and the victim were in the investigative agency to have a dispute at the time and place stated in the facts charged, and the victim tried to get out of the police box and tried to get out of the police box, and there was a dispute between the Defendant and the victim.