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(영문) 의정부지방법원 2016.07.14 2016고정15
상해
Text

The prosecution of this case is dismissed.

Reasons

1. On September 16, 2015, the Defendant: (a) around 11:45, the Defendant: (b) suffered injury to the Victim E and the cot use of the “D”; (c) the Victim E and cot use; (d) the Defendant’s left shoulder part of the Victim’s right shoulder and the chest part of the Defendant’s chest part on one stop; and (d) the Victim suffered injury, such as chilled salt, tension, etc. requiring approximately three weeks of medical treatment.

2. The victim's investigative agency and the victim's statement in this law and the victim's injury diagnosis letter are admitted as evidence that seems to correspond to the above facts charged.

However, according to the CD screen duly adopted and investigated by this court, although the defendant's shoulder is recognized as having a friendship with the victim's shoulder, it seems that the victim seems to have a little shock and have a balance with the victim. According to this, it is difficult to view the victim's shock due to the shock by assault by the defendant, and rather, it is reasonable to view that the victim's shock and balance were not exceeded the floor, despite the fact that the victim could not go beyond the floor, and it is reasonable to view the victim's shock and balance, and the evidence submitted by the prosecutor alone is insufficient to recognize the causal relationship between the victim's assault and the victim's bodily injury beyond the victim.

Therefore, it is insufficient to readily conclude that the victim’s injury was caused by the Defendant’s assault, and there is no other evidence to prove otherwise, and only the establishment of the crime of assault should be recognized. As such, the crime of assault is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act, and the victim is present at the trial date of the third trial on May 2, 2016, which is the case after the prosecution of this case, and is subject to criminal punishment against the Defendant.

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