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(영문) 창원지방법원 2013.08.13 2013노792

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the summary of the grounds for appeal, including the victim D (hereinafter "victim")'s statement, part of the defendant's statement, etc., the court below found the defendant not guilty of the facts charged of this case. Thus, the court below erred by misapprehending the facts contrary to the rules of evidence and thereby affecting the conclusion of the judgment.

2. Determination

A. On July 10, 201, the summary of the facts charged in the instant case: (a) around 18:30 on July 10, 201, the Defendant and the Defendant were satisfed with the victim on the ground that the Defendant did not take into account the victim’s family intent; (b) carried out flaps and fighting with the victim’s flaps; and (c) carried out two flapsys that require approximately twenty (20) weeks of treatment with the victim, including flapsys.

B. The judgment of the court below is without consistency in the facts established by this court based on the evidence duly adopted and examined. ① The victim initially stated that the defendant was "the defendant was suffering from the injury caused by the sulll in the mouth adjacent to the sulll, and lost awareness" but "the defendant was suffering from the injury caused by the defendant's sulbling and walking the sulll inside the victim's sulllhead," or simply because "the defendant was suffering from the injury caused by the defendant's sulbage inside the victim's sulll floor with the sulll, and water supply was suled in the vicinity the victim's sulllhead," ② E who was present at the scene was unable to see the victim's body fighting with the defendant and the victim's body; ③ The victim could not be excluded from the process of losing the center of the victim's body at the time of drinking; ④ The victim appears to have been under the influence of alcohol at the time of the injury."