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(영문) 청주지방법원 2016.05.20 2015노1168
상해
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case is the person living together with the victim C (V, 44 years old)'s friendship D.

On February 8, 2015, around 22:10, the Defendant: (a) sold the Defendant’s flaps in front of the “F Mat” on the street of Cheongju-gu apartment commercial apartment building, Seo-gu, Seo-gu, Seo-gu; (b) the Defendant laid the Defendant’s flaps in front of the “F Mat” to mean “the flaps under the influence of alcohol; (c) carried the Defendant’s arms and flaps; (d) laid the Defendant’s flaps with the Defendant, flapsing the Defendant’s arms and flaps; and (d) carried the Defendant’s flaps with his hand, flapsing the Defendant’s arms and flapsing the Defendant’s flaps, and inflicted an injury on

2. Summary of the grounds for appeal and the judgment of the court below

A. Summary of the grounds for appeal - Fact misunderstanding- the Defendant unilaterally flabbbling C to remove and remove both hand parts of C in order to unflab them, and there is no fact that C’s entry into the hand floor as stated in the facts charged.

In light of the above, the court below erred by misapprehending the facts charged, thereby affecting the conclusion of the judgment.

B. Although the lower court also asserted the same purport as the above grounds for appeal, the lower court rejected the Defendant’s assertion and convicted the Defendant of the facts charged of this case, by taking account of the evidence duly admitted (such as the testimony of the lower court in C and the testimony of the investigative agency, the injury, reply to factual inquiries, and the Defendant’s partial statement).

3. Determination on whether a deliberation was made

A. According to the evidence duly examined and adopted by the court below, the following facts are recognized.

(1) The Defendant is the relationship living together with D, and C is the relative of D.

요컨대, 실질적인 면에 있어서는 피해자 C은 피고인의 사실혼 관계 상 처제( 妻弟) 이다.

[The Defendant was investigated by the instant case and was first aware of the name of C.

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