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(영문) 의정부지방법원 2017.11.30 2017노2621

특수상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the victim’s consistent statement of the gist of the grounds for appeal, F’s reliable statement, the shape of the part in which the victim was injured, and the circumstances in which the victim was treated as the victim’s face at the time of the instant case, the Defendant injured the victim by taking care of it;

may be seen.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. In full view of the circumstances stated in its reasoning, the lower court, based on the following circumstances, proven that the Defendant, like the facts charged in the instant case, inflicted an injury upon the victim by harming the victim, without any reasonable doubt.

It is difficult to see

In doing so, the lower court acquitted the Defendant of the instant charges.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below. ① The victim initially stated that “the defendant saw the victim’s face by drinking the victim’s face (29 pages of the evidence record)” but the victim reversed it and stated that “the victim did not fit the face at the time of the case” (44 pages of the record of the trial record). ② According to the victim’s changed statement, the victim saw the victim’s side flick and blickly difficult to breath, and it is difficult for the victim to find the wall, which is a dangerous object in the course of the Defendant’s unilateral assault, and that it was difficult for the victim to have the victim blickly paid. ③ The victim blicked the police at the time of F’s operation, and the victim blicked the police at the time of the victim’s visit the Defendant at the time of the victim’s entrance (44 pages of the record of trial record of case).

Although the statement was made (the 88th page of the trial record);