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(영문) 춘천지방법원 강릉지원 2014.11.04 2014노280
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds of appeal (in fact-finding or misapprehension of the legal principle), although the defendant could be found to have inflicted bodily injury upon the victim's face and chest in the course of pushing the victim, the court below acquitted the charged facts of this case, there is an error of law by misunderstanding of facts or misunderstanding of the legal principles.

2. Determination

A. The summary of the facts charged of the instant case was around 02:28, Nov. 9, 2013, the Defendant: (a) performed F and Si expenses on the ground that he she was considered to have drinking 500, and was calculated to have drinking 70, and (b) he saw her as being f when she was her. When the Defendant her bbb, he she was an employee, who she was her fright and herb, and her f was her fright, and her fried with the Defendant, who was her fright, and her fright, her fright, who was her fright and her fright, her fright, who was her fright and her fright, and her fright at the victim’s chest, who was her breast part by drinking.

B. As to the facts charged in this case, the lower court acquitted the Defendant on the following grounds: (a) according to CCTV images, the Defendant’s grandchildren appear to have been in the process of dusting the victim’s grandchildren; (b) the Defendant’s act of smugglinging the victim’s chest, but it appears that the Defendant would maintain the distance with the victim; and (c) it was difficult to confirm that the victim’s chest was in a situation where it was difficult to confirm; and (d) it was difficult to deem that the victim suffered “injury” as meaning the crime of injury under the Criminal Act.

C. A thorough examination of the judgment of the court below in comparison with the evidentiary materials, and in addition, F.C. at the scene of the case, the defendant made a statement that "F." was satisfying the victim's cocon part, and subsequently, the defendant was satisfying with the victim's cocon part, and the defendant satisfyd with the victim's hand at the time of interrogation of the police.

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