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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2016.11.04 2016노72
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the victim and witness F of the facts charged of this case on the facts charged of this case on the ground that each statement of the victim and witness F, which correspond to the facts charged of this case, is reliable, and thus, it is erroneous in the misapprehension of facts and the judgment of the court below which affected the conclusion of the judgment.

2. Determination:

A. On March 6, 2015, the Defendant: (a) around 23:30 on March 6, 2015, at five strings of the “D” singing room located in the Dong-gu Busan Metropolitan City (hereinafter “D”); (b) took twice the number of backs of the victim E (for drinking, 61 years old); (c) took part of the victim’s knife, knife, knife the victim’s knife; and (d) took part of the victim’s knife and knife the victim’

B. The lower court determined that the evidence consistent with the facts charged in the instant case includes the victim, F, G, and H’s statement, injury diagnosis statement, results of the examination of the detection device, 112 report, field photograph, etc. However, the F is one of the victim’s daily activities on the part of the Defendant, and thus, it is difficult to believe the victim’s personal activities on the part of the Defendant. ② The Defendant’s statement as a result of the examination of the false detection device was made in response to the truth. However, the result of the examination was only limited to the function of the prosecutor’s statement as a circumstantial evidence to measure the credibility of the prosecutor’s statement; ② G, H, and H merely deemed that the victim was the victim’s personal activities on the floor at the time and place indicated in the instant facts charged; ④ The victim was unable to directly witness the victim’s personal activities on the part of the Defendant; ④ The victim’s report was also in short of the victim’s personal activities on the part of the victim’s personal activities on the part of G.

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