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(영문) 대전지방법원 2015.07.08 2015노419
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal, the court below dismissed the public prosecution of this case by misunderstanding the facts and affecting the conclusion of the judgment, even though it is possible to recognize the fact that the victim was injured due to the defendant's assault, the court below dismissed the public prosecution of this case by misunderstanding the fact that the victim was not injured.

2. Determination:

A. The summary of the facts charged lies in the victim C(35 years of age) and the husband and wife, and Daejeon Jung-gu, Daejeon, 104 Dong 1301.

On August 6, 2014, around 11:30 to 12:00, the Defendant used the Defendant’s arms of the victim, who had a her husband and wife at 104 dong 1301, 1301 of the above apartment complex, and had a boomed the victim’s responsibilities, thereby making it difficult for the victim to take up his responsibilities, thereby making up approximately two weeks of treatment to the victim.

B. As to the facts charged in this case, the court below held that ① the victim may have been aware of the fact that he had been faced with the responsibility of the defendant in this court, ② the purpose of the hospital was not to obtain a diagnosis, but to obtain a diagnosis separately, and the hospital did not receive treatment separately, ② the victim's body was damaged, ② the victim's body was damaged, but this seems to have been naturally able to be cured even without treatment, ③ the assault committed by the defendant was sprinked and sprinked by the victim's arms. However, it is entirely difficult to accept that the victim's arms, which is a woman, had been sponsed by the defendant, and the victim's body was sponsed with the victim's body, and it was hard to accept that the victim's body was damaged by the victim's spambling, etc. requiring treatment for about two weeks, and that the prosecutor submitted evidence as a whole by the defendant's injury to the victim's body was unclear due to the defendant's previous act.

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