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(영문) 의정부지방법원 2015.07.13 2014고정1805
상해
Text

The prosecution of this case is dismissed.

Reasons

Parts of innocence

1. On April 14, 2014, around 00:17, the summary of the facts charged, the Defendant expressed that the victim E was able to take the location of the said head in the “D” house located on the third floor of the C building at the Namyang-si, Gyeonggi-do, that he was able to take the location of the said head by telephone, and that he was able to take the victim’s face against the victim’s face by attaching the Defendant’s head debt and pushing the Defendant over the floor, thereby breaking the Defendant’s head, thereby putting the Defendant over the floor, thereby harming the victim’s face.

As a result, the Defendant inflicted an injury on the victim, such as a scarke wall, which requires treatment for about two weeks.

2. It is recognized that the victim was issued a medical certificate of injury stating the name of the victim, such as the facts charged.

However, in full view of the following circumstances: (a) the victim visited a camping station on April 17, 2014, rather than immediately after the instant case; and (b) in this court, the victim stated in this court that “the diagnosis certificate was cut up to three weeks since one guide of the police station was about the same time; (c) the victim tried to take a more medical form while trying to do so; and (d) the victim appears to have been in daily life without receiving any medical treatment after the instant case, the evidence submitted by the prosecutor alone is insufficient to acknowledge the fact that the victim suffered injury, such as the facts charged, due to the Defendant’s act.

Thus, the above facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of a crime. However, as long as the public prosecution is dismissed as follows with regard to the violence included in the above facts charged, the judgment of

Since the facts charged as to the injury of this case are included in the facts charged of assault, this part of the facts charged is determined, and it is a crime falling under Article 260 (1) of the Criminal Act.

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