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(영문) 부산지방법원 2018.05.03 2017노4496
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence, such as the victim's statement, as to the part not guilty of the grounds for appeal, the court below found the defendant guilty of this part of the facts charged, even though the defendant concealed the victim's cell phone phone and harmed the victim's utility and inflicted an injury on the chrode, etc., which requires two weeks medical treatment at the time of the defendant's victim. Thus, the court below erred by misapprehending the legal principles or by misapprehending the legal principles

2. Determination

A. The lower court found the Defendant not guilty of this part of the charges on the ground that it is difficult to prevent the Defendant from reporting the fact that, in light of the following: (a) the victim’s investigative agency and the court of the lower court’s only the statement made by the victim as shown in the facts charged; (b) the victim did not make clear statements as to how the Defendant brought the victim’s mobile phone; (c) the victim was able to confirm whether the mobile phone was damaged at the entrance of the apartment while getting on and off the Defendant and the taxi; and (d) the police officer immediately after the instant case was immediately arrested the Defendant and searched the Defendant’s bank while searching the Defendant, but the cell phone was not discovered.

2) The lower court on the part of the injury: (a) there are statements in the victim’s investigative agency and the court of the lower court’s trial as evidence consistent with this part of the facts charged, and medical certificates submitted by the victim; (b) however, if the victim, like the facts charged in this case, was injured by considerable assault from the Defendant, the victim who reported the injury to the police immediately after such injury or the police officer in charge of receiving the report, does not have a photograph of the victim’s face and other injury.

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