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(영문) 대전지방법원 2015.04.30 2014노1747
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the factual error) recognizes the fact that the defendant smilling the victim's head debt after taking the victim's head debt and cutting the victim's head into the defendant's arms, but there is no fact that the head's head was foomed by drinking;

The Defendant’s assault cannot be deemed to have suffered injury to the victim, such as cerebrovasle, which requires medical treatment for about four weeks.

2. Determination

A. On November 3, 2013, the summary of the facts charged: (a) around 11:40 on the street in front of Daejeon Daejeon, the Defendant inflicted an injury on the victim, such as cerebral celebs, etc., requiring approximately four weeks of treatment on the part of the head of the Defendant’s arms, by putting the head of the victim’s fright, on the ground that the Defendant was seriously damaged due to a traffic accident with the victim D (the age of 49) in front of Daejeon-gu Seoul Special Metropolitan City.

B. Although the victim and E’s statement and medical certificate prepared by the JJ as evidence corresponding to this part of the facts charged are indicated as to whether the defendant's head was the victim's body due to drinking, the above evidence alone is insufficient to recognize the fact that the defendant was the victim's head's body due to drinking, and there is no other evidence to acknowledge it.

This part of the defendant's argument is justified.

1) The victim stated that "the defendant was assaulted by the defendant at the police station that "the defendant was fluored by fluoring his head by hand, fluoring him with fat, fating his head and fat, leading him to father with his head, leading him to her head and her head fatd five times with his head fats (Evidence Nos. 6 and 7 of the evidence record)" in the court of the court below, "the defendant was fatd by fating his head fat, leading the head fat, leading him to his head fats, and leading him to his head fats on several occasions with his head fats" (the record of the court of appeal No. 73 of the court below). Unlike the first police statement that the victim should reach the court of the court below, the defendant was the head fatd by drinking the victim.

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