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(영문) 광주지방법원 2017.10.18 2017노981
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below acquitted the victims of the facts charged in this case, and it erred in the misapprehension of facts.

2. Determination

A. Around May 10, 2016, the Defendant argued with A (77 years of age) at the house math of A located in Ha in the Nam Y in the Southern-gun of the Republic of Korea on May 10, 2016, and brought about an injury to A, such as a fright away (1 smallest left-hand) of A (1 smallest left-hand on the upper left-hand left-hand left-hand side) of a baby who has spawned with A by drinking his flaps, and fladdled with A’s flaps, which requires treatment for about four weeks by drinking with his flaps, and brought about the following injury: (a) the Defendant and A’s fighting with his flaps (71 years of age) by having his fladled with his flaps, and (b) having taken the part of his flaps, which requires treatment for about ten (10) days.

B. The lower court’s judgment, based on the evidence presented by the Prosecutor, proves that the instant facts charged were proven without reasonable doubt, in light of the following circumstances acknowledged by comprehensively taking account of the evidence adopted by the Prosecutor.

Inasmuch as it is difficult to view it and there is no other evidence to acknowledge it, the Defendant acquitted the instant charges.

1) Each statement made by A and I is contradictory or ambiguous as follows, and thus does not give rise to the belief that the existence of the facts charged in this case is reliable.

① At the police box of the YYA, which is the main body of A and I on the day of the instant case, the Defendant 2-3 times her blue blue with 3-4 pather blue and her blue with her blue.

“A statement is deemed to have been made only.”

In that sense, after A had opened, the chemical police station in the order of the Republic of Korea (hereinafter referred to as the “Defendant’s drinking”), “The Defendant got two times the left luminous part of A’s drinking, got one time the right side of A’s head at the right side, and let the I sell his arms to drink.”

“The lower court made the statement.”

A. The judgment of the court below

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