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(영문) 대구지방법원 2014.10.08 2014노2571
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not constitute assault against E, and the defendant and E or H during the process of fighting with H during the dispute between the defendant and E or H.

Therefore, the judgment of the court below which pronounced guilty against the defendant is erroneous by misunderstanding the facts and affecting the judgment.

2. Determination

A. The lower court found the Defendant guilty of the instant facts charged on the grounds of the Defendant’s partial statement in court, each police statement about E and F, investigation report (a photograph attached to the victim, etc.), and photograph.

B. In full view of the following facts acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court, it can be recognized that the Defendant suffered injury by assaulting the victim E at the time and place of the lower judgment.

1) H, the guardian of the D Hospital, was present as a witness at the court of first instance and was allowed to visit the D Hospital in any case at the place as indicated in the judgment of the court below. He listened to the statement that the Defendant visited the hospital in drinking condition and became aware of the interview. The Defendant, the guardian of the said hospital, was fluencing the victim’s breath, who was the guardian of the said hospital, and was flucing the body in the vicinity of the breath, and was flucing the Defendant, but the Defendant was trying to take the Defendant on the first floor of the hospital, but he was unable to flucing the Defendant, and the Defendant’s control was flucing the flab. 2) The E investigative agency stated that the Defendant flabing the flab, flabing the flab, and that the flab and the flab, etc. was flad in the process.

(In the investigation record 23,24 pages) 3, F, a nurse of the above hospital, tried at an investigative agency to scam the victim's neck with his arms and scam the victim's scam and scam the victim's descendants. H and the victim will take the defendant.

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