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(영문) 부산지방법원 2016.01.06 2015노3530

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below found not guilty of the facts charged of this case, but the victim sustained injury from the defendant in the process of fighting the body of the defendant.

In light of the fact that there is a consistent statement and there is a medical certificate of injury corresponding to the victim's assertion, etc., the judgment of the court below is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment.

2. Determination:

A. The following circumstances are acknowledged according to the evidence duly adopted and examined by the court below.

① On October 15, 2014, the victim submitted a month from the date of the instant crime, and the victim obstructed himself/herself within the scope of his/her inception.

However, on October 17, 2014, a statement was made to the effect that “the Defendant was frighting to the upper part of the Defendant in the process of making a fright and making a frighten with fright by having frightened the fright, by having frightened the fright,” and that “the Defendant was frighting the fright to the upper part of the Defendant in the process of making a fright and frighting the frighten with frighten with fright upon drinking fright from the Defendant” (No. 2, No. 31, 32 of the investigation record), while making a statement to the police on October 23, 2014, the Defendant made a statement to the effect that “the Defendant was frighting to drinking fright from the Defendant,” and that he was not frighting the Defendant’s fright to the effect that he was frighting in the process of making a frighting the Defendant’s fright.”