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(영문) 서울서부지방법원 2019.08.12 2018노1361

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the consistent and detailed statement, recording, and photograph of the damaged part of the gist of the grounds of appeal, it is recognized that the defendant used the victim with the left part of the chest.

The victim was not at the hospital for referring the pain due to his work.

Even if it does not interfere with daily life, it cannot be said that there is no interference with daily life or that the physical health condition is not changed.

Nevertheless, the lower court erred by misapprehending the facts and acquitted.

2. On October 1, 2017, the Defendant: (a) around 07:30 on October 1, 2017, at the escape room for female security guards located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) the victim D (n, 46 years of age), who is a workplace, was fluencing that the Defendant was fluoring and resisting the Defendant’s fighting system; and (c) the Defendant carried the victim’s left chest part of the victim’s chest, where the number of days of treatment cannot be identified, carried out a string of the chest.

3. Determination

A. The lower court found the Defendant not guilty on the following grounds that the instant facts charged constituted a case where there is no proof of crime.

In light of the fact that the defendant set up against the victim's violent exercise at the time of the instant case and pushed down the victim's left chest, and caused a little hole on the part of the victim's left chest, it is recognized that ① at the time of the instant case, there is no evidence to support that the defendant used the mony rather than the citizens on the left chest, ② there is no evidence to support that the victim was receiving medical treatment or taking medicine due to the above body, ③ the victim worked at ordinary times on the day and following day of the instant case, ④ the defendant was accused of the victim due to insult, habitual assault, etc. < Amended by Act No. 1460, Oct. 27, 2017> the victim filed a complaint against the defendant on Oct. 27, 2017>