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(영문) 청주지방법원 2020.12.11 2020노370
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal, the court below erred by misapprehending the legal principles on the facts charged of this case, which found the Defendant not guilty, even though the facts charged of this case are proved that the Defendant was injured by harming the victim by exceeding the victim.

2. Determination

A. The lower court rendered a judgment on the following grounds that it is difficult to view that the instant facts charged were proven without any reasonable doubt by the evidence submitted by the prosecutor alone. The lower court acquitted the Defendant.

According to the record including the protocol of examination of a witness against the victim, since the victim reported damage to the police around November 15, 2018 to the effect that the defendant was saved with the wind that the defendant was saved with the wind that he was saved by the police, hospital, and this court, the police and hospital did not appear at X-ray test, but later, it was confirmed through MRI test and there was no other cause for such injury. At D's level, such as D around the 16th day of the same month, around 23, 26, around 30, around 30, around 30, and the next month on the 4th day of the following month, the victim was under a pain treatment under the name of Save (the victim was under the name of Save Mane, but he was accompanied by save, 106 first day before November 13, 2018).

However, there was no opinion, such as sakes, when X-ray tests were conducted by the above Council members.

Around December 6, 2018, a member of the EmI can recognize that the result of the MRI’s inspection that “the Embrypt, the Embrypt, the Embrypine close part of the essential part, the Embrypine, and the Embrypine,” etc., may cause considerable doubt that the Defendant may inflict an injury on the victim, such as the right frame, by pushing the victim over the victim as in the instant facts charged.

(b).

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