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(영문) 부산지방법원 2020.10.15 2020노1028
상해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

According to the statements of the victim and the statements of witness E, it can be recognized that the defendant and the victim have suffered double assault, such as being pushed forward with each other, and the fact that the victim suffered injury is recognized.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts and misapprehension of legal principles.

Judgment

Before making decisions on the grounds for appeal for ex officio judgment, this paper will examine ex officio.

In the past, the prosecutor applied for amendments to Bill of Indictment by deleting the part of the 3nd sentence of the facts charged, “spather spather’s spather’s spather’s spather’s spather’s spather’s s

However, the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of the political party to the extent related to the modified facts, even if there are such reasons for ex officio reversal.

The court below held that the victim's statement is hard to believe in light of the witness E's statement in the court and investigative agency, the F's statement in the investigative agency, etc., and the victim was seated with the door door and the fire door in the back, which was the center of the defendant and the back, but the evidence submitted by the prosecutor alone is insufficient to recognize that it was caused by the harmful act of the defendant. Thus, the court below acquitted the defendant of this part of the facts charged.

원심 및 당심이 채택하여 조사한 증거를 살펴보면, 피해자의 진술은 피해내용, 순서, 등 중요부분에 있어 일관되지 못하고, 자신은 ‘피고인이나 피고인의 딸에게 전혀 손을 안 댔다’, ‘털 끝 하나 건드리지 않았다’고 하거나, ‘당시 엉덩방아를 세게 찧었다’고 하는 등 목격자들의 증언과 배치되는 내용을 포함하고 있어 믿기 어렵다.

Furthermore, the remainder;

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