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(영문) 인천지방법원 2013.06.28 2013노990
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the summary of the grounds for appeal (public prosecutor, mistake of facts) and all the evidence submitted by the public prosecutor, the court below rendered a not-guilty verdict on the facts charged of the instant case, and rendered a judgment dismissing the public prosecution regarding the crime of assault, thereby adversely affecting the conclusion of the judgment.

2. The summary of the facts charged in the instant case is about the short of the victim D(45 years of age) and golf course hours at the “C” parking lot located in Bupyeong-gu, Seocheon-gu, Busan on September 11, 2012, around 22:30.

The victim's face was treated for 14 days by drinking once, and the victim's face was injured by salt, tension, etc.

3. The judgment of the court below is that the injury under Article 257 of the Criminal Act refers to the degree of harm to the completeness of human body or harm to the physiological function of the victim, and even though the victim D suffered from the defendant, it did not interfere with his/her activities, it did not interfere with the hospital. The victim D merely issued a medical certificate to a hospital for the purpose of legal response, and stated that he/she did not receive treatment or take medicine. The doctor E/the medical doctor who issued the medical certificate of injury stated that he/she was diagnosed based on the patient's statement, without any abnormal treatment, and there was no evidence to recognize that the victim D was receiving special treatment in relation to the injury of this case. In light of the above, even if the victim D had any unexpected symptoms caused by the victim's assault, it appears to be naturally cured, and unlike this, it appears that the victim D's statement and diagnosis at the investigative agency about the victim's injury, and the degree of the victim's complete physical nature in each of the two weeks medical records per week.

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