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(영문) 인천지방법원 2013.09.06 2012노2922
폭행치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the victim not guilty of the remainder of the facts charged of this case on the ground that there is no causal link between the defendant's assault and the injury suffered by the victim, although it can be sufficiently recognized that the victim suffered bodily injury due to the defendant's assault, such as cerebral typhosis, typhical typhical typhosis, and typhical typhrosis, etc., due to the defendant's assault.

2. Determination

A. On October 10, 201, at around 22:30 on October 22, 201, the Defendant: (a) talked with the victim E, who is an employee of Yeonsu-gu Incheon Metropolitan City, about the complaints, etc. in the course of performing his/her duties while drinking alcohol together with the victim E, and became a vision; and (b) on the street above the F convenience store near the above restaurant, the Defendant was able to say that “the victim would go against his/her ship,” on the ground that the victim’s face is frighten and frighted, the Defendant was able to sit the victim’s left face at one time, and accordingly, he/she was injured by the above E, such as bovinevine spongiformiformiformiform, external he/shemophne, and double feling.

B. The judgment of the court below is based on the following circumstances acknowledged in the records, namely, ① according to the doctor N's fact-finding answer, the possibility of injury, such as the above facts charged, is low in his hand, and such injury may occur when he was faced with the floor or wall, ② The first diagnosis date for E was October 14, 201, which was four days after the date of the above assault, and there was no possibility that there was no other external means of the victim's head. ③ The witness G is drinking by the defendant at the investigative agency.

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