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(영문) 부산지방법원 2018.06.08 2017노4215
상해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is as follows: although the Defendant did not inflict an injury on the victim by threatening the victim by hand, the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting

2. Determination

A. The summary of the facts charged in this case is that the Defendant is a neighbor who resides in Feng-gu, Busan, E-gu, 2.302, and the victim F (Fe. 71 years of age) in Fe-gu, 101 ( underground).

At around 17:30 on February 18, 2016, the Defendant: (a) when the husband of the victim, who is a security guard, and his children, were parked in front of the security room, on the ground that he was “finite,” and (b) on the ground that he was “finite,” the Defendant was the victim before the entrance of the security room, who was living in front of the victim’s body, and (c) caused the victim to inflict an injury, such as dinite, etc. for about two weeks in need of medical treatment.

B. The lower court rendered a conviction against the Defendant by comprehensively taking account of each of the evidence indicated in its judgment.

(c)

1) The Defendant consistently asserted that there was no injury to the victim by breaking the body of the victim by hand at the time and place specified in the facts charged from the investigative agency to this court, and denied the facts charged.

Therefore, this paper examines whether the defendant's body was sealed by the victim's body, and there is a police of the victim, each of the statements in the court below and this court, G and H's police and the court below's statements, and the injury diagnosis statement attached to the complaint.

2) First, with respect to the statement of the victim, the victim’s body was maintained by the investigative agency from the victim to this court.

A statement is made by the defendant, but the defendant's failure to state himself.

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