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(영문) 부산지방법원 2016.04.08 2015노3464
상해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The court below found the defendant guilty of the facts charged of this case in which the defendant was guilty of the facts charged of this case, by misunderstanding the facts and thereby affecting the conclusion of the judgment. The court below erred by misapprehending the facts.

2. Determination

A. The summary of the facts charged is a person who serves as an educational welfare master at D elementary school located in Busan Jin-gu C.

On June 10, 2014, the Defendant: (a) around 13:40 on June 10, 2014, at the educational welfare room located in the first floor of the above elementary school, the victim E who is a practical cause for the same school education. Therefore, upon receiving a demand for early demand, the Defendant: (b) pushed the victim out of the classroom; (c) pushed the victim out of the classroom; and (d) pushed the victim who intends to enter the classroom again.

As a result, the defendant suffered multiple ties that require treatment for about 14 days to the victim.

B. The judgment of the court below held that in light of the fact that the victim's statement is concrete, consistent, and reliable because it is natural, while it is difficult to believe that the defendant's statement is inconsistent with the part concerning whether the defendant was tightly prone, and the part concerning the circumstance in which the defendant's statement was in excess of the part concerning the part concerning the situation in which the victim exceeded the victim, and that the defendant has an intention to kill the victim, it can sufficiently recognize the fact that the defendant inflicted an injury

On the other hand, the charges of this case were convicted.

However, we cannot agree with the above judgment of the court below which convicted the defendant for the following reasons.

(c)

In light of the following circumstances acknowledged by the records of the above deliberation, it is difficult for the prosecutor to believe that the victim's statement that corresponds to the facts charged of this case is reliable, and it is also difficult for the prosecutor to do so.

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