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(영문) 전주지방법원 2017.06.02 2016노1607
상해
Text

The judgment of the court below is reversed.

The accused shall announce the summary of the judgment of innocence.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of facts, and the judgment of the court below which found the defendant guilty of the facts charged of this case, although the defendant did not inflict an injury upon the damaged person by pushing the stairs toward the stairs.

2. Determination

A. The summary of the facts charged in the instant case is the 110 representative members of the former North Korea-gun apartment C, and the victim D (65) is the above apartment election management members.

On December 5, 2015, the Defendant: (a) taken photographs from the stairs of the 1110th floor and the 1110th floor of the above apartment building on December 5, 2015 to the mobile phone in which the victim talks with E and F, and the victim first taken a ballot box on the upper chest in the direction of the second floor from the 1st floor to the 2nd floor, thereby infringing on the portrait right.

The defectiveness of the victim, whether the victim was affixed a photograph at any time;

“A ballot box with the victim’s ballot box was carried by the victim, and the victim was scamed and tensions and tensions that require the victim to be treated for about three weeks by leaving the victim into the scam to the stairs.

B. The lower court found the Defendant guilty of the instant facts charged as evidence of the victim D, witness F, and E’s statements and diagnosis in each of the original trials.

(c)

1) The defendant 1) taken a cell phone image of the victim, F, and E (hereinafter "victim, etc.") on the 1st floor of the above apartment building with a cell phone, and the victim was getting out of the stairs by leading the defendant, and there was no assault on the part of the defendant. At the time, the defendant did not assault the victim, on the stairs, because the victim was on the part of the stairs, the victim was in a position that the defendant could not open the victim to the stairs because he was not able to do so.

The argument is asserted.

2) The statements made by the victim, etc. are easily difficult to believe in the following point, and the victim, etc. first of all, during the police investigation process; ① the victim, etc. on December 16, 2015, is on the first floor.

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