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(영문) 춘천지방법원 강릉지원 2013.09.10 2013노212
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. In full view of the results of the examination by the court of the original instance, the certificate of injury to the victim, the statement of the victim, etc., the defendant's assault can recognize the facts that the victim suffered the injury. Thus, the judgment of the court below which acquitted the facts charged of this case is erroneous in matters

2. An ex officio determination prosecutor filed an application for changes in the indictment with the purport that the name of the crime was changed from "injury" to "injury" as stated in the facts charged below, and the applicable provisions of this case were changed to "Article 257 (1) of the Criminal Act" in Article 257 (1) of the Criminal Act, and this court's permission was changed to be subject to adjudication. Thus, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is decided as follows.

Criminal facts

The defendant and the victim F are all persons who serve as a bus engineer of the Dispute Resolution Co., Ltd.

On November 7, 2012, 15:30 on November 15:30, 2012, the Defendant: (a) spite the Defendant’s bus in front of the “Ea” located in the J of Gangseo-si, and (b) spite the victim’s face about eight times; and (c) boomed the victim on three occasions.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol of inspection by the original court;

1. Application of the police interrogation protocol to F

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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