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(영문) 의정부지방법원 2014.09.17 2013노2464

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is natural that B, who is a party to a fighting match, could not easily see or associate with the witness at the time of the occurrence of the case, and thus, it is impossible to conclude that B’s statement is not reliable, F’s statement is not consistent, and F did not witness the instant fighting from the beginning to the end, so it is impossible to determine whether the Defendant committed the instant injury due to F’s statement; GF stated that he was witness before the police officer was dispatched after leaving the instant fighting site; GF appeared from the F and clearly stated that the Defendant was knee B’s assault, and that the Defendant was a knee B’s assault. Since B was not a serious injury, it is difficult to view that B received treatment and received treatment at the hospital more than two days after the date of the instant case and received treatment from the hospital and received treatment, according to the medical records of D, the evidence and degree of injury cannot be seen as being sufficiently combined with the evidence of the instant case.

Nevertheless, there is an error of mistake in the judgment of the court below that acquitted the defendant.

2. Determination

A. On November 8, 2011, the Defendant: (a) around 12:00, and around 15, the Defendant suffered injury, such as scare and scare, etc., for approximately 21 days, when knee and kneee and fright of the victim when knee and fele fele fele fume fume fume fume fume fume fume fume fume fume fume fume fume fume fume

B. As to the judgment of the court below, the court below may make each statement and the injury diagnosis report on B in the investigation agencies B and G and in the court of the court below as evidence consistent with the above facts charged, and the court of the court below.