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(영문) 대구고등법원 2011.05.19 2011노69
중상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the offense against which the Defendant received a notification as a result of the violation of the Punishment of Minor Offenses Act and the facts charged in this case are different from the content, form, and the basis for liability of each offense, and the legal interest and protection of the law are different, and the nature of the offense also differs. Thus, the court below erred by misapprehending the legal principles or misapprehending the legal principles, on the grounds that the facts charged in this case are identical in basic facts, although

2. Determination

A. According to the evidence duly adopted and examined by the court below, the following facts are recognized according to the statement of a penalty receipt (competence) and a copy of a penalty payment notice submitted to the court below.

(1) At around 20:20 on August 22, 2009, the Defendant argued that in India prior to the port area in the north-gu, North Korea, there is a question of e and parking, and in doing so, e and e and fat each other, the Defendant fat the e face of E with her mother head at one time.

(2) The head of E was left behind by the Defendant, and the head was not faced with the floor.

The defendant's first executive officer I reported as JJ districts, and the police officer F, who arrived at the site, caused the destruction of E by shaking E.

(3) As seen above, F heard from the Defendant the background of the attachment of E and Si expenses and the background of the arrival of E, and received identification cards from the Defendant, and said F would go to the district along with E after treating the Defendant, after receiving the identification cards from the Defendant.

(4) Upon receipt of the report, 119 rescue workers sent E to the emergency room of the K Hospital. The Defendant also confirmed the condition of E according to the K Hospital, listened to the speech that E is fine, and went to the J district along with E.

(5) F confirmed the body condition of E that has been in the J district, and did not find any credit on the face, and hear the speech that there is no error from E.

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