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(영문) 부산지방법원 2014.05.29 2014노531

상해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. According to the summary of the grounds for appeal: (a) the statement in the investigation agency of G and the court below, witness H’s testimony and the statement in the written diagnosis of injury; and (b) the fact that the defendant inflicted an injury on G was found to have inflicted an injury on G; (c) the court below acquitted the defendant on the grounds that there is a lack of evidence to acknowledge that the defendant inflicted an injury on G without reasonable grounds; (d) the court below erred by misapprehending

2. Before the judgment on the grounds of appeal by the prosecutor ex officio prior to the judgment of the prosecutor's ex officio, the prosecutor applied for changes in the indictment of this case from "Article 257 (1) of the Criminal Act" to "Article 260 (1) of the Criminal Act" and the applicable provisions of this case were modified from "Article 257 (1) of the Criminal Act" to "an injury" to "an injury," and since the court below was modified by permitting this change, the court below maintained no longer the judgment below.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, on the ground that the above grounds for reversal are ex officio, and the judgment below is reversed, and the following is

Criminal facts

On January 5, 2013, the Defendant: (a) died of the D Hospital Central Care Center in Busan Dong-gu, Busan on the funeral issue; (b) and (c) the Defendant told G that “I are not superior,” and said that I would like to assault G’s pro-friendly F.