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(영문) 청주지방법원 2016.04.15 2015노917
상해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The facts charged in this case and the summary of the facts charged by the court below

A. The facts charged in the instant case are stated in the instant indictment and the amendment of indictment following due process of amendment of indictment (in the indictment, the date and time of the crime was changed to 14:00, but the prosecutor changed it to 15:00 and changed to 15:00) are as follows.

From January 26, 2014 to around 15:00 to around 15:00, the Defendant inflicted an injury upon the victim F (n, 67 years of age) and the victim’s dog to be dead by asking the Defendant’s dog in front of the Defendant’s residence in Chungcheong-gun E, Chungcheongnam-gun, and caused the victim’s breast at one time and the victim’s finger for mountain use, which he was in possession, with the victim’s chest being pushed at one time, and the victim’s chest was cut back at one hand, and then the victim’s finger was able to take care of the victim’s finger, and the victim’s finger was able to take care of the number of days of treatment.

B. The court below rejected the part of the facts charged by the court below on the ground that "the defendant sent the victim's breast at once in bulk with stick for mountain use" and sent back and bucks to the victim's breast at once, the evidence submitted by the prosecutor in light of the investigation result of the false horse detection against the defendant, H's legal statement, and the relationship between the defendant and the victim, etc., are insufficient to recognize it, and there is no other evidence to recognize it," and found the defendant guilty only as follows, and sentenced a fine of 50,000 won to the defendant (Provided, That since some of the facts alleged in the facts charged were recognized, the judgment of not separately acquitted was not rendered in the judgment of the court below). The defendant, around January 26, 2014, around 14:00 to 15:00, asked the victim F, 67 years of age and the victim's hand and the victim's hand to the victim's qui to the victim's hand and the victim's hand can not be known.

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