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(영문) 부산지방법원 2013.10.04 2013노1477

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the victim B was the self-defense or legitimate act in relation to the defendant's act of suppressing the victim who was forced to use violence, and thus, the trial court rejected the victim's statement without reasonable grounds, although the defendant made a consistent statement that the defendant would have been in accordance with her bleep because the defendant returned to the path by leaving a taxi. The defendant took a bleep, and made a blick view with each other, but the court below rejected the victim's statement without reasonable grounds. Therefore, the court below found the defendant not guilty of the charges of this case on the ground that the defendant's act was self-defense or legitimate act,

2. On August 17, 2012, at around 01:13, the Defendant: (a) mispercing that the victim B (year 24) was returned to a taxi (D) for business use in front of the Defendant driving the waterway 693, Suwon-gu, Busan, the Suwon-gu, the head of the instant facts charged; and (b) took a bath for each other; and (c) attached a vision.

At that time, for the reason that the defendant has become a fire, he sawd the victim at one time, and gets the victim's neck from the vehicle, and gets the victim's neck down again.

As a result, the defendant injured the victim's left-hand side by causing the injury of the treatment days such as the injury to the victim's upper part.

3. The judgment of the court below held that the victim suffered an inspection on the left side at the date, time, place, etc. of the facts charged, but according to the witness B and E's each legal statement, the suspect interrogation protocol of the defendant's police preparation, investigation report, etc., the defendant, at the above date, at the above place, entered the taxi with each other as to whether the victim who is a passenger and the taxi driving route return to the taxi, and entered the taxi at the above time and at the above place, the defendant, at the time and place, went back from the taxi, and 2-3 times away from the victim, while escaping from the victim, and the defendant walked the victim's bridge.