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(영문) 부산지방법원 2016.09.30 2015노4557
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the statement of the victim, the written diagnosis of injury and the statement of witness G, etc. of the summary of the grounds for appeal, the court below found the defendant not guilty of the facts charged of this case, which affected the conclusion of the judgment, although it can be sufficiently recognized that the defendant had inflicted injury on the victim as stated in the facts charged of this case

2. Determination:

A. On October 17, 2014, around 21:30, the Defendant: (a) while drinking alcohol in the “E cafeteria” (hereinafter “instant cafeteria”); (b) brought a dispute with the victim F (533) and the age of the victim who found the place; (c) had left hand to put the victim’s sexual organ; (d) had the victim’s sexual organ on one occasion, the Defendant sustained the victim’s injury, such as a catus catus, at approximately seven weeks on the left side of the victim’s sexual organ; and (e) had the victim suffered approximately seven weeks on the left side of the victim’s sexual organ.

B. According to the records, the court below held that the defendant consistently stated that ① the defendant suffered bodily injury from the injured person on the day of the instant case and there was no injury to the damaged person, and ② G is present in the table table where the defendant and the injured person are present in the table table at the time of the instant case, and the defendant was able to take the victim's sexual organ as his hand and take the victim's sexual organ back to the injured person.

진술하고 있으나, 피고인과 이 사건 식당 주인의 진술에 비추어, 당시 G는 위 식당 내부로는 들어오지 아니한 것으로 보여 G의 진술은 믿기 어려운 점, ③ 피해자는 이 사건 당일 휴대폰의 녹음기능을 켠 상태에서 피고인을 만나러 이 사건 식당 안으로 들어왔다고

The record of recording the situation at the time was presented. Even if the content of the recording, the form in which the injured person gets the defendant with his gender, illness or knife, and attempts the defendant, but in light of the conversation, the injured person is the victim.

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