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(영문) 대구지방법원 2013.07.25 2012노4035
상해
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant, while drunkly drinking and drinking to female customers, was assaulted by D, and was only sprinked by D to avoid this.

The judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

2. Determination

A. On May 2, 2012, the Defendant: (a) 23:10 on May 2, 2012, the instant facts charged met the victim D (the age of 37) in the C club located in Daegu Northern-gu B; and (b) brought a dispute over a female customer who was able to talk with the said female customer.

The defendant, in response to the victim's face, was hyped by the victim's face, and the victim's hypology and body body were fryed, and the victim's hypology and body body was hyped up to the floor, and the victim's hypump typ typ typ

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of each of the evidence in its judgment.

C. There is no evidence directly corresponding to the facts charged in the instant case among the evidence submitted by the prosecutor for the judgment of the competent court.

On-site dispatch report can only be recognized that when the police was dispatched to the site, only the fact that the defendant was taking D's body when the police was dispatched to the site, and the injury diagnosis report can only be recognized as having such injury to D.

There is a lack of evidence to prove that the defendant, like the facts charged, carried the item of D and the body flick and damaged beyond the bottom of the 14-day medical treatment.

Furthermore, according to the records, D was able to breath female guests while drinking in the instant age club, and the defendant working as an employee reported this to him, and D was able to take the her step, and when her face and her course was taken, D was her body by hand in order to block D, and it was put up on the ground floor to prevent any her escape between the two employees reported to the police.

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