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(영문) 울산지방법원 2016.05.20 2016노16
상해
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the grounds for appeal is that the defendant did not have inflicted an injury on the victim by assaulting the victim, and that the victim was injured by her own losing its center and exceeding her center, but the court below found the defendant guilty of the facts charged of this case, and there is an error of law by misunderstanding the facts

2. On March 9, 2015, the Defendant: (a) at the D office located in Ulsan-gu, Ulsan-si; (b) on March 17:0, 2015, at the D office located in Ulsan-si; (c) on the part of the Defendant, the Defendant was dissatisfied with the failure to obtain the previous jobs; and (d) was found in the victim E (the remaining, 41 years old); and (c) was faced with the disturbance; and (d) the Defendant was frightening the victim’s head around the stairs outside of the above office; and (d) caused the victim’s injury, such as salt, tension, etc. requiring medical treatment for about 14 days by pushing the chest.

3. However, there are statements made by the police of the victim E, legal statements made by the court below, and legal statements made by the F in the original judgment, which correspond to the facts charged in this case.

However, the following circumstances acknowledged by the record, i.e., the Defendant consistently asserted from the investigative agency to the depth of the party: (a) the Defendant alleged to the effect that “the victim’s flab has no fact of flabing and pushingening the flab, and the victim’s injury was caused by the flabing,” and (b) the victim E stated in the police investigation to the effect that “the victim got out of the floor by pushing the victim’s chest at the time of the instant case.” However, in the court of the lower court, the Defendant testifiedd to the purport that “the victim was physically fighting while the victim tried to attract the Defendant by carrying the flab with the Defendant entering the Defendant at the time of the instant case, and the victim was going beyond the center by setting the flab with the Defendant and flabing the flab; and (c) the victim was likely to have lost the center by getting the flabing with the flab.”

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