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(영문) 부산지방법원 2014.06.20 2014노215

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the facts charged in this case, although the defendant assaulted the victim by means of threatening the victim's body body and inflicted bodily injury such as saved salt, etc. for about two weeks, but the court below found the defendant not guilty of the facts charged in this case. In so doing, the court below erred by misapprehending the legal principles as to the

2. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle

A. The prosecutor whose indictment was modified shall maintain the existing facts charged as the primary facts charged and shall maintain the name of the conjunctive crime and the applicable provisions of the preliminary crime in Article 260(1) and the following.

B. On April 14, 2013, the summary of the facts charged in this case was operated by the defendant in the north-gu in Busan, the defendant was unable to replace the distribution model to the victim E (W, 32 years old) (W, 32 years old) who changed the distribution of the vehicle, on the ground that the victim's body was able to take a half-yearly treatment, and the victim was able to take a bath against one another, and the victim was able to take a part in the victim's body, and the victim was able to take care of one another.

2. The lower court’s judgment held that there is a witness E’s legal statement, the police statement of E, the investigation report attached to the victim’s body photo and CCTV image data taken immediately after the case, and the injury diagnosis report attached to the evidence as shown in the above facts charged. According to the court of the lower court’s decision and the following circumstances acknowledged by the results of the reproduction and viewing of CCTV video recording video CD and the record of this case, the witness E’s legal statement and the police officer of E.