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(영문) 울산지방법원 2016.06.02 2015노1586
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding the facts that the defendant was guilty of the defendant, although the defendant did not have inflicted an injury as stated in the facts of the crime on the victim.

B. In light of the legal doctrine and the fact that the defendant was receiving medical treatment, the insurance money is not paid solely by the fact that the defendant was receiving medical treatment. Thus, the victim's insurer did not actively notify the defendant before paying the insurance money to the above victims that the defendant did not have been injured or damaged.

It can not be seen, and the victims are not paid insurance money due to mistake that the defendant suffered injury.

Nevertheless, the court below erred by misapprehending the legal principles that found the defendant guilty.

2. Determination

A. The following circumstances revealed by the evidence duly admitted and investigated by the lower court, i.e., the victim suffered injury on the part of the victim, taking the victim’s flab from the investigative agency to the court of the lower court’s trial.

On October 15, 2014, the date following the occurrence of the case, the victim was diagnosed to the effect that he suffered injuries, such as fats and tensions, by fating fats, etc., in the members of the Franchisium, after the occurrence of the case. ③ The victim stated in the court below to the effect that he did not accurately memory the road conditions at the time of the accident or the time when fating bat, etc., but the victim was given testimony at the time of the accident, which was later than one year after the occurrence of the case, and the victim who is a female could not properly memory surrounding situations due to shock, yellow dust, fear, etc. at the time of the accident, the victim was killed and injured by the victim.

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