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(영문) 부산지방법원 2014.05.15 2013노4173

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the background and method of the assault and the degree of damage, etc., the judgment of the court below which acquitted the Defendant, despite the difficulty in deeming the assault and injury of the Defendant as a justifiable act, is erroneous in the misapprehension of the legal principle, in light of the following: (a) the victim consistently stated damage situations; and (b) the witness I’s statement and the victim

2. On April 24, 2013, the Defendant: (a) around 00:12, at the main point of “D” located in Young-gu, Busan Metropolitan City, the Defendant: (b) caused the victim E (the age of 46) who was a high school exhaustion and drinking with the same sentence of “D”; (c) forcedly her part of the victim’s neck to other vessel, and led the victim to the main place of the ship, leading the victim to the main place of the ship; and (d) caused the victim beyond the bottom of the road in front and rear, thereby causing the victim to inflict an injury, such as chilled salt, tension, etc., which requires two-day medical treatment.

3. As to the facts charged in this case, the court below acknowledged the following facts and circumstances based on the evidence, i.e., ① the defendant and the victim were participating in a meeting of Fdong (GG school) at the time and place indicated in the facts charged in this case; ③ the victim started a meeting with H and her speech dispute with the victim 20 years prior to the same questioning meeting; when the dispute occurred, the victim's motive, I called the defendant "as the victim's motive, I sent the victim to the taxi"; ② At the court of the court of the court below, the court of the court below stated that the defendant's statement was inconsistent with the victim's statement to the effect that "if the defendant causes a victim, the defendant's desire to take the victim is not sufficient," ③ the victim's statement was made consistent with the victim's vindication, ③ the victim's motive was sent to G school as well as the victim's present situation is closer to the defendant.