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(영문) 인천지방법원 2013.11.29 2013고정2972
상해
Text

The prosecution of this case is dismissed.

Reasons

1. On May 14, 2013, the Defendant: (a) around C department stores in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon; (b) fighting the body with D and wage problems; (c) fighting D’s face; (d) sustained D’s face; and (e) sustained D’s tear of treatment days.

2. We examine whether the judgment defendant inflicts a bodily injury on D upon D with his face.

According to the examination of physical damage (Investigation Records 25 pages), D is deemed to have suffered bodily injury, but D is deemed to have been sentenced to a stay of execution for 2 months, which is recognized by the records of this case, i.e., D’s statement at an investigative agency that he was sealed by the Defendant’s eye, and that she was sealed by her flabing the Defendant’s face; D’s statement to an investigative agency to the effect similar to D’s face while being present at this court; D’s date and time as stated in the above facts charged; D’s face at a place where the Defendant was flab and the Defendant’s face cannot be identified; and D’s statement to the effect that the Defendant’s face cannot be seen to have been exposed to the right side of the treatment days due to the Defendant’s head at the same time and place as indicated in the above facts charged, and the judgment became final (this Court Order 2013No4274). In full view of the following circumstances:

Ultimately, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant was proved to the extent that there is no reasonable doubt as to the fact that the defendant injured D, as shown in the facts charged, and there is no other evidence to acknowledge it.

Therefore, the facts charged against the defendant can not be punished as a crime of injury, but can only be punished as a crime of assault against D contained therein.

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