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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.10.23 2013노1623
상해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds of appeal did not err in the misapprehension of the legal principles as to the defendant's injury on the sole basis of the victim's statement although the court below did not cause the victim's injury. The court below erred by misapprehending the facts.

2. Determination

A. On August 2, 2012, at around 11:30 on August 2, 2012, the Defendant, a summary of the facts charged, committed an accident where the victim E (the age of 44) was driven by the Defendant on the street in front of the Suwon-si, Suwon-si, Suwon-si, Seoul, where he was driven by the Defendant.

Therefore, when the victim photographs the damaged part of the accident vehicle that was lowered from the car, the defendant was the victim, and the victim was the victim's "Is to affix a photograph to the victim at the time of the accident."

After having expressed the victim's desire to "Sweak years, the same year, 200, 2000 .................., the Defendant used both arms to put the victim's shoulder, and put the victim into a light base for approximately two weeks of treatment.

B. The lower court found the Defendant guilty of the instant facts charged on the grounds that the victim’s consistent statement and other circumstances acknowledged as evidence, namely, the victim’s actual escape at the time, witness F, and the Defendant’s female f’s female f’s sexual intercourse were not compatible with the instant facts charged, on the grounds that the Defendant’s statement was inconsistent with the Defendant’s facts charged.

C. The burden of proving the facts charged in a criminal trial for the trial of the trial for the trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient for the judge to have the conviction that the facts charged are true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act), and if there is no such evidence, such evidence may also be used.

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