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(영문) 의정부지방법원 2020.09.25 2019노1459
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The victim made a consistent statement to the effect that the defendant was deprived of his/her seat when he/she reported that he/she wanted to park. However, the victim's statement is consistent with the purport that the defendant left his/her seat by opening a door, leaving the door, leaving his/her face one time, cutting away his/her name tag on his/her chest, and continuing to be on board the vehicle again, the defendant tried to photograph his/her name tag on his/her cell phone in order to find out his/her name tag in his/her driver's seat and opened his/her name tag on several occasions, leaving his/her chest and clothes, leaving his/her fingers on the left side, leaving his/her seat on several occasions, leaving his/her seat in his/her driver's seat, and the victim's statement to the effect that he/she was found guilty of the credibility and credibility of the witness's statement in light of the victim's photograph and the fact that he/she was found guilty of the change in circumstances on the day of this case.

Nevertheless, the court below acquitted the charged facts of this case on different premise, and the judgment of the court below erred by mistake of facts.

We examine ex officio the judgment on the grounds for appeal ex officio.

In the trial of the case, the prosecutor applied for the amendment of the indictment with the contents of selective addition of the facts charged of the assault as stated below, and this court permitted it (the reasons for the decision in writing).

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