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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.12.12 2013노2932
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the statements of the victim E and witness F, etc. of the grounds for appeal, the court below acquitted the defendant, although it can be sufficiently recognized that the defendant inflicted bodily injury on the victim as stated in the facts charged, and the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. The Defendant consistently denied the facts charged by consistently denying the charges that: (a) he/she was unilaterally forced from the victim while drinking the victim who was suffering from disturbance during the investigative agency to the trial of the party; and (b) did not cause injury to the victim.

The court below stated that the witness E’s statement in the fourth trial record of the court below as evidence consistent with the facts charged in this case, F’s statement, prosecutor’s statement, investigation report (in case of injury) and first-aid certificate, there are ① investigation report (in case of injury and injury) and first-aid certificate, it is nothing more than evidence as to the fact that E did not temporarily change the date and time as stated in the facts charged, and it cannot be evidence as to the fact that the defendant inflicted an injury on E as stated in the facts charged. ② In full view of the statements in investigation agency and court of the court of the court below, E appears to be under the influence of alcohol, and the situation at the time of the case seems to have been unsured in detail. ③ At the time of the initial police call, F did not consider that “E did not assault the defendant,” and “E was determined only when the defendant was the defendant,” but the prosecutor’s statement to the effect that it was inconsistent with the statement to the effect that “the defendant and E was committed as a witness at the time of the case.”

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