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(영문) 대구지방법원 2016.07.22 2015노392
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal reveals that the victim was able to catch the victim and boom the victim again;

The court below found the defendant not guilty of the facts charged in this case on a different premise, even though it can be sufficiently recognized that the defendant suffered bodily injury on the part of the victim when considering the fact that the victim's statements are consistently made, and that some inconsistent parts of the victim's statements appear to be due to a simple error, and that the victim's statements and witness's statements conform to the important parts, etc. are reliable, since the victim's statements and witness's statements correspond to the important parts, the defendant's statements are reliable.

2. Determination

A. On June 27, 2014, at the time of stay at around 21:00, the Defendant: (a) sought a bath from the victim E (n.e., the victim E (n., the victim 54 years old) who is a work partner with no good space; (b) took the victim’s brut by putting the victim’s brut by hand; (c) booming the victim’s brut by putting the victim’s brut with the Defendant toward the Defendant; and (d) brut the victim over the floor; and (e) brud the victim by putting the victim’s brut with the victim’s brut on the top of the excessive victim’s body, the Defendant laid down the victim’s brut at around nine weeks’s body together with the brut of the victim’s body.

B. The lower court determined that there was a statement at E’s investigative agency and the court of the lower court as to whether the Defendant inflicted an injury upon the victim by breaking the floor or causing an injury, and there is a statement in E’s investigative agency and the court of the lower court, which are consistent with this, for the following reasons, and the evidence submitted by the prosecutor, which is inconsistent with other people’s statements, alone, is identical to the facts charged by the Defendant.

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