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(영문) 제주지방법원 2012.11.15 2012노92
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. According to the consistent statement of the victim, photographs taken of the damaged parts, etc. of the gist of the grounds for appeal, the judgment of the court below which acquitted the defendant of the facts charged of this case, despite the fact that the defendant has inflicted an injury by assaulting the victim's face, etc., is sufficiently recognized.

2. Determination

A. On June 25, 201, around 23:50 on June 25, 201, the Defendant: (a) was a taxi driven by D near Jeju-si; (b) arrived at the destination; and (c) was the victim E (57 years of age) who was passing prior to the arrival of the taxi; and (d) was aware of the victim’s breathing; (b) committed assault, such as assaulting the victim’s breathing of breath; and (c) booming the victim’s face by hand, the Defendant dump caused the victim to breath of the treatment days.

B. At the time of the testimony and circumstances of D, a witness of the judgment of the court below, are difficult to be a direct evidence of the facts charged, and it is difficult to recognize the facts charged only with the victim's statement, and it is difficult to believe the victim's statement as it is. Thus, the facts charged in the instant case was acquitted on

C. The following circumstances revealed by the records of the trial of the political party: ① The victim reported that he/she and the defendant, a taxi engineer of the same company, including three times police investigations of the defendant and the defendant, were in dispute with the same company from the trial of the court of trial to the trial of the court of trial; and the defendant, "she is equally the same person." While stating that he/she does not need to do so, he/she puts his/her hand on his/her mustabb, etc., and made a statement of specific and consistent matters concerning the crime of this case, such as the reason why he/she was sexually affected by the defendant, circumstances, methods of violence, and conditions before and after the assault; ② The victim's photograph taken part of the victim's damage before and after the crime of this case, his/her form is determined.

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