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(영문) 광주지방법원 2017.04.26 2016노3203

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below found the defendant guilty of the facts charged in this case, which erred in the misapprehension of facts.

2. On August 18, 2016, the summary of the facts charged in the instant case: (a) around 15:00 on the six-story rooftop in Gwangju Mine-gu, Gwangju Metropolitan City, the Defendant made several statements that the Defendant would have a house to the victim while drinking the victim E (the 56-year old age) and drinking on the six-story rooftop in Gwangju Mine-gu, but the victim would not have a house.

In this regard, Bati Ba, Bati Ba, the victim's face face was taken once by hand, the victim was fighting one another by setting up against the victim's body, and the victim exceeded 2 weeks of treatment, and the victim was placed at the right pelup pelup, the right pelup, which requires treatment for about 2 weeks.

3. Determination

A. The lower court’s judgment, in light of the following circumstances acknowledged by comprehensively taking account of the adopted evidence, found that the Defendant sustained the same injury as the facts charged, to E.

The lower court acquitted the Defendant of the instant facts charged on the ground that there was no other evidence to acknowledge it.

(1) There is no evidence to prove that the defendant had been in excess of E in light of the empirical rule or the statement of E, because the defendant was in the course of her her clock, and there is no evidence to prove that the defendant had been in excess of E.

② Ultimately, the key issue of the case is whether or not the Defendant was suffering from a cage cage at E in the process of fighting with the body of E, and the Defendant, in the police first, was slicker of E, and the Defendant was slick of the Defendant’s head click in three clicks and clicks of E, and continued to be slicked up in the state of the head click.

was stated.

(3) E means that he gets the Defendant her breath by blicking him with her at the face of his breath, and then breath off the floor.

The defendant made a statement at the time of E's her knietization.