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(영문) 대구지방법원 2016.05.13 2015노318

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the Prosecutor on the gist of the reasons for appeal, it is sufficiently recognized that the Defendant caused the victim to suffer approximately 3 cm teared injury on the left side of the snow by damaging the victim beyond the floor.

However, the lower court erred by misapprehending the fact that the lower court rendered a judgment dismissing the prosecution on the charges of this case by deeming that it was merely a simple assault, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The lower court determined that, in light of the following circumstances acknowledged by the evidence admitted, the victim E’s statement cannot be trusted, and the evidence submitted by the prosecutor alone that the Defendant suffered an injury by harming the victim.

It is insufficient to recognize it and judged that there is no other evidence to recognize it.

1) On July 14, 2014, E’s statement was investigated by the police on July 14, 2014, and “E was fele knee knee knee knee fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe

“The court of the court below made a statement to the effect that “,” but in the court of the court below, the Defendant was kneeing, kneeing, kneeing, kneeing, kneeing, kneeing, kneeing, kneeing, kneeing the left side while she faced with the part of the Speaker’s mother and glae, flading the left side, disinfecting, prescribing, taking a prescription on the following day, and still remains.

The statement is not consistent, such as making a statement.

② According to the “Report on Dispatching at the scene of violent crime” prepared by the police, which was dispatched to the scene on the date specified in the facts charged in the instant case (on July 5, 2014), the said report appears to have been written on July 4, 2014, while the period of dispatch and the date of returning to the scene are written on July 4, 2014.

Defendant

(A) with respect to the injury of F, F, and I, detailed.