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(영문) 청주지방법원 2015.12.04 2015노520

상해등

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged in this case

A. At around 10:00 on May 5, 2014, the Defendant: (a) sought to leave the Victim D (38 years of age, south) from his house in Chungcheongnam-si; and (b) requested the Victim to leave from his house 3-4 times “Wing away from our house”; but (c) refused to comply with the request.

B. While the Defendant was in a dispute with one another at the above date and at the above time, the Defendant inflicted bodily injury on the victim D’s chests in excess of the upper bed by two descendants, resulting in the Defendant’s chilled and tensions, tensions, and tensions in need of two weeks’ treatment.

2. Summary of the grounds for appeal and the judgment of the court below

A. The judgment of the court below which found all of the charges of this case guilty is erroneous in the misapprehension of legal principles as follows, which affected the conclusion of the judgment.

(1) At the time, the Defendant is required to leave D

It is not true that D has refused to withdraw 3 to 4 times as stated in the facts charged in this case, even though D requested to leave.

B. It is different from the fact that the Defendant: (a) committed an injury by having D go beyond D by keeping D’s chests in the process of blocking D’s hand while making D’s hand; and (b) making D’s chests in two hands go beyond D’s floor.

B. Although the lower court also asserted the same as the grounds for appeal for mistake of facts, the lower court, based on the evidence duly admitted and examined, found the Defendant guilty of all the charges of this case after rejecting the Defendant’s assertion.

3. Judgment of the court on the assertion of mistake of facts

A. The key issue of the instant case is whether there is any evidence supporting each of the instant facts charged, and it shall be examined based on the evidence presented by the court below.

나. 퇴거불응 부분 ⑴ 원심 설시 유죄의 지지증거들에 대한 검토 ㈎ 원심에서는 이 부분 공소사실에 대한 지지증거로서 '증인 D, E,...