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(영문) 대구지방법원 2013.10.17 2013노767

상해

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds of appeal is that the Defendant, at the time of the instant case, committed a damage to the victim’s provisional search, but the victim was placed at the place of detention and got the victim into a slope. However, there was no fact that the Defendant laid the victim’s body within a canter and laid down the victim’s body in a way that makes it possible to get the victim’s body into a canter, thereby cutting down the victim’s right at the right wus.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. On October 2, 2012, around 06:30 on October 2, 2012, the Defendant: (a) around the ridged forest near the lus acid return site in Daegu-gun; (b) there is a doubt that the victim C (the age of 45) who is a forest supervisor was recklessly stolen of the mushroom; and (c) even though the Defendant asked the Defendant to display the lusium, the Defendant tried to spread it.

Accordingly, the victim set the victim's lusium by hand, and the defendant again set the victim's body within a canter with the lusium of the victim, and in other words, set the victim's body within the canter with the lusium, thereby leaving the victim's body into the victim's lusium for about six weeks of treatment.

B. The lower court found the Defendant guilty of the instant facts charged on the grounds of the victim’s statement and the victim’s injury diagnosis report, etc.

C. In full view of the following circumstances that can be acknowledged by the evidence duly admitted and investigated by the lower court and the lower court, the evidence submitted by the Prosecutor alone cannot be deemed as having been proven without reasonable doubt, and there is no other sufficient evidence to acknowledge the facts charged.

The court below found the defendant guilty of the facts charged of this case in the investigative agency of the victim and the court below.