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(영문) 의정부지방법원 2020.06.26 2019노2055
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. On May 17, 2018, the lower court found the Defendant guilty of the crime of injury (2018 Godan5449) committed on May 17, 2018, and acquitted the Defendant of the fact of injury on October 11, 2018 (the consolidated case No. 2019 GoMa71), and only the prosecutor appealed on the part of the acquittal. As such, the part of the lower judgment that the Defendant did not appeal was separate and finalized.

Therefore, the scope of this court's trial is limited to the acquittal part of the judgment below.

2. According to the summary of the grounds for appeal, the victim’s statement E, and the written diagnosis, it can be acknowledged that the victim’s injury was caused by the act of closeing the victim’s door. According to the victim’s statement and on-site photographs in the court below’s trial, when the victim’s body was found in order to find where the victim’s child is in the door opened, but the victim’s body was found in order to confirm where the victim’s child is in the inside and outside of the door, it is recognized that the defendant suffered injury such as the charge, because the defendant’s door was pushed back on the right shoulder of the victim’s right side at the end of the door.

Therefore, the judgment of the court below which acquitted this part of the facts charged is erroneous and adversely affected the conclusion of the judgment.

3. Under the title "2. Judgment of the court below", the court below stated the grounds in detail, and presumed that the above facts charged in this case were proven without any reasonable doubt, on the ground that it is extremely minor and so there is no assault, and thus, it cannot be deemed that the crime of injury is committed in a case where natural therapy and daily life are not impeded without any need to treat the victim, and that it is difficult to readily conclude that the victim suffered injury as stated in the facts charged by the defendant's act of closeing the door of the defendant.

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