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(영문) 의정부지방법원 2013.10.17 2013노1753
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that the victim D consistently states that the defendant suffered bodily injury following the wind that prevents him from punishing two arms, and that E acted in parallel against his hand, and that on the day of the instant case, the defendant made a statement that he was in the same form as the victim and was in excess of the victim, and that the defendant also made a statement at an investigative agency that the defendant had attempted to cross a vehicle without permission, thereby preventing the defendant from getting out of the front of the defendant. In full view of the above, the court below found the defendant guilty of the facts charged of this case, even though the defendant could sufficiently recognize that he suffered bodily injury due to the negligence that prevents the victim from punishing two arms in front of the victim, the court below erred in matters of mistake of facts.

2. The summary of the facts charged is around 13:00 on March 21, 2012, the Defendant: (a) at the crosswalk near the building C in Yongsan-gu, Yongsan-gu; and (b) at the crosswalk, the Defendant was negligent in neglecting his/her duty of care to prevent the victim from sustaining his/her own arms; (c) thereby, he/she suffered a erode between the erode, which requires treatment for a period of about 126 days; and (d) the Defendant neglected his/her duty of care to prevent the victim from sustaining his/her own arms; and (e) caused the erode of the erode, which requires treatment for about 126 days.

3. Determination

A. The lower court’s judgment: (i) according to the witness E’s testimony, the Defendant appears to have acted before the crosswalk at the time of the instant case; (ii) however, in order to be recognized as having acted above D due to the Defendant’s negligent act, it is insufficient to say that the Defendant committed the above act; and (iii) the Defendant was engaged in a sudden act in front of D, where the Defendant was seated on the crosswalk.

B. D has been doing so, and it leads to the extent that D will play by engaging in both arms in front of A.I.D.

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