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(영문) 대전지방법원 2015.02.05 2014노1219
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

In light of the summary of the grounds for appeal (the factual error or misapprehension of the legal principle) and the evidence submitted by the prosecutor, the court below erred by misapprehending the legal principles or erroneous determination of facts, even though the defendant was found to have inflicted injury upon the victim G (hereinafter “victim”).

Judgment

Around 21:00 on November 26, 2012, the Defendant: (a) performed drinking together with the “E” member F, general official G (Nam, 49 years of age) who is a meeting of Pinannam-gu, Chungcheongnam-gu, Incheon-si, the Defendant: (b) performed a dispute on the ground that the victim paid the meeting meal expenses by the Defendant’s personal card that is the chairperson, the Defendant paid the meeting meal expenses by using the Defendant’s personal card; (c) on the ground that he/she paid the victim’s left snow part of the victim’s body one time; (d) took a breath of dub; and (e) took a breath of dub; and (e) caused the victim’s injury, such as the hole of the left inside part, which requires treatment for about two weeks.

The lower court found the Defendant not guilty on the ground that the Defendant merely supported the fact that the victim suffered injury at the time, the Defendant cannot prove the fact that the victim suffered such injury, and no other evidence exists to acknowledge the facts charged of the instant case.

However, the judgment of the court below is based on the evidence duly adopted and examined by the court below and the court below, namely, ① the victim was at the D restaurant located in the Dong-gu Seoul Metropolitan City, Yandong-gu, Yandong-gu, on November 26, 2012 through the court of the court of the court of the court below and the court of the court of the court of the court of the court below, and the victim was at the time of the defendant's drinking in the process of becoming at the same kind of friendship with the defendant and the money. After that, the victim was at the same time in the D restaurant located in the Dong-gu, Yan-gu, Yan-gu.

“The statement” is specifically and consistently made to the effect that the credibility of the statement is sufficiently recognized, and ② the victim’s injury diagnosis statement that the victim received from the next day of the instant case at the time.

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