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(영문) 서울동부지방법원 2013.11.22 2013고정1599
상해
Text

The defendant shall be innocent.

Reasons

1. On November 21, 2012, the Defendant of the instant facts charged: (a) during the dispute with E during the process of holding a workplace club hall in a D cafeteria located in Songpa-gu Seoul Metropolitan City on November 21, 2012; (b) during the dispute with E, E was sprinking the Defendant’s breath, and sponsed the Defendant’s breath’s spherthical disease toward E; and (c) by drinking, E was sphere and sprinked with the inner sphere,

2. According to the records of this case, the defendant and E may be acknowledged at the time and place stated in the facts charged, but there is no evidence to prove that the defendant has taken the face of A by drinking.

(1) The court below erred by misapprehending the legal principles on the following facts: (a) The defendant’s faces of a sentry to E regardless of whether it is proved or not; (b) the defendant consistently testified from the investigative agency to this court that his face was at the time of the defendant’s appearance; and (c) there was no witness at the time of the defendant’s drinking E even during the witness at the scene; and (d) the police initially investigated the suspicion that “the defendant’s face was at the time of his illness” as stated in the E’s statement and sent it to the prosecutor’s office with the prosecutor’s opinion; and (c) as a result of the psychological examination examining “the fact that the defendant was suffering from the illness,” the prosecutor of the victim’s office “the defendant was at the time of drinking” was indicted as the charge that “the defendant was at the time of his illness.” Thus, the court below erred by misapprehending the legal principles on the facts charged in this case by misapprehending the legal principles on the facts charged in this case.

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