(영문) 서울동부지방법원 2015.06.05 2015노234

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(영문) 서울동부지방법원 2015.06.05 2015노234

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant on the ground that it was sufficiently recognized that the defendant had inflicted an injury on the victim in light of the consistent statement and the part of the injury of the victim, is erroneous and adversely affecting the conclusion of the judgment by misunderstanding the facts.

2. On October 6, 2013, the Defendant, at around 17:32 of the same day, she was aware of the following facts charged: (a) she had a dispute with the victim’s office located in Songpa-gu Seoul Metropolitan building 202 on the ground that she did not bring the victim with the mind that she did not bring about the victim; (b) she had a dispute with the victim’s left side knife knife ( approximately 10cm in total length, approximately 3 cm in knife length) with the knife knifbbbbbbbs on one occasion, and had the victim’s knife and the left side knife requiring treatment for approximately 21 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

3. Determination

A. The lower court determined as follows: (a) there was a statement in C’s court and investigative agency as evidence that seems consistent with the facts charged in the instant case; (b) in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it is difficult to believe C’s respective statements as they are; (c) the remainder of the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged in the instant case; and (d)

① The Defendant and C’s statement on the circumstances in which the left side buckbucks part of C suffered injury on the Defendant’s mountain knives are considerably different. The Defendant and C stated in the investigative agency and the court of original instance that “the Defendant had not observed the left side bucks part of C with the knives for mountain use” in the investigative agency and the court of original instance.

② In the instant case, C is injured on the left side of the buckbuck on the day of the instant case.

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