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(영문) 서울북부지방법원 2015.06.12 2014노1649
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) assaulted E.

2. Determination

A. On October 18:40 on October 10, 2013, the Defendant: (a) expressed in the indictment that the victim E, a parking manager, would not park a vehicle on the front road of the parking lot; and (b) expressed his desire to take care of the victim by stating that “this rings, if you park, only if you park, she will grow up, she will grow up and throw away, if you park, and she will do so.” At his/her hand, the Defendant laid three parts of the victim’s necks and tensions that need to be treated for approximately two weeks.

B. In light of the following circumstances, the lower court found the Defendant not guilty on the grounds that it is difficult to believe the E’s statement in light of the following circumstances, each of the evidence submitted by the prosecutor alone is difficult to recognize that the Defendant inflicted an injury on E, and that there is no other evidence to acknowledge it.

(1) Each E’s statement of each party is different from each other.

Dor, the Defendant expressed that he did not have any physical contact, even though she intended each other.

Secondly, F, the police called ‘N', stated that the police did not find a trace of violence on the upper part of the police, so it is natural that there has been a trace of violence that the police did not find.

Applicant there is a difference in the E's statements on the reasons why CCTV was not submitted, and eventually the CCTV images were not secured.

(v)the base and tension of the luxin of the luxin of the death diagnosis letter, the luxin of the luxin, the base and tension of the shoulder are the diagnosis depending on the patient’s symptoms appeal.

C. The following circumstances revealed by the records of the court below's aforementioned determination, namely, E, in the court below's decision, stated that the defendant was able to have frightened. The investigative agency did not have any such statement, and the F, etc., who is a dispatched police officer, did not hear the statement of E that he was fright from the defendant on the spot, and instead did not contain the defendant.

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