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(영문) 대전지방법원 2013.11.21 2013노990

상해

Text

The judgment below

Part of acquittal shall be reversed.

Of the facts charged in the instant case, the charge of assault against C is acquitted.

Reasons

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, although the defendant could be found to have inflicted injury upon the victim C at the time of the instant case, the court below acquitted the defendant of this part of the facts charged, which affected the conclusion of the judgment.

Judgment

Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor tried to examine the facts charged in this part of the facts charged at the trial, and applied for changes in the indictment with the name of the crime as stated below, and the subject of the judgment by this court was changed by permitting it. As such, the part of the judgment of the court below which acquitted cannot be maintained any more in this respect.

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, even if there are such reasons for ex officio reversal.

[Revised charges] On May 25, 2012, around 23:10 on May 25, 2012, the Defendant assaulted the victim at one time by drinking the victim C’s left spons and right spons, and the following spons, respectively.

The following additional circumstances acknowledged by the evidence duly adopted and examined by the court below in determining the grounds for appeal and the changed facts charged, namely, the F’s statement in the court below, if the F witness the victim, who is the victim, who was the victim, in the process of fighting with the Defendant, at the time when he was investigated by the investigation agency, seems to be in accord with the empirical rule. However, in light of the fact that the F did not make any statement about the victim’s assault at the time when he was investigated by the investigation agency, it is difficult to believe the F’s statement as it is, and the victim’s body is in line with the process of assaulting the Defendant by the investigation agency.