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(영문) 대구지방법원 2016.09.21 2016고정721
상해
Text

The prosecution of this case is dismissed.

Reasons

The acquittal portion

1. The summary of the facts charged was that the Defendant, around 01:05 on March 16, 2016, entered a singing room in Yongcheon-si B and sing down in a singinging room in Yongcheon-si B, and singnating the brea of the victim D (30 years of age) and inflicted bodily injury on the victim for approximately two weeks of treatment.

2. Determination

A. The Defendant acknowledged the victim’s assaulted facts, but asserts that such assault did not result in an injury to the victim.

Although there is a reply to factual inquiries, as shown in the evidence that the victim suffered injury, a victim's photograph, opinion, and a reply to inquiry about facts, the witness D in this court "Although there is a fact that the part part of the defendant was filled with balth by balth from the defendant, it is a red part where the balth part was faced with and flaged with anywhere in the flat, the balth part is flad with red.

After the lapse of time, testimony was made to the effect that such symptoms have disappeared a day, and that “not specially treated or interfered with daily life” was not affected.

Therefore, it is not sufficient to recognize that the wife suffered by the victim was naturally cured and that the above evidence submitted by the prosecutor alone caused the injury to the victim due to the completeness or physiological function of the victim, and there is no other evidence to acknowledge it.

B. Thus, the above facts charged should be found not guilty by the latter part of Article 325 of the Criminal Procedure Act because there is no proof of facts constituting the crime. However, as long as the public prosecution is dismissed as follows with respect to the violence included in the above facts charged, the judgment of innocence shall not be rendered separately.

The charges of this case, which dismissed the prosecution, include the charges of assault and assault.

This is a crime that falls under Article 260 (1) of the Criminal Code and can not be prosecuted against the will expressed by the victim under Article 260 (3) of the Criminal Code.

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