(영문) 의정부지방법원 2013.05.10 2012노2469

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2013.05.10 2012노2469

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, although it is possible to acknowledge that the defendant inflicted bodily injury on the victim by destroying the completeness of the victim's body by fighting with the victim, it is difficult to recognize that the victim suffered bodily injury due to the defendant's act, and the judgment of the court below which found the defendant guilty of only the crime of assault included in the above facts

2. Around 16:08 on February 29, 2012, the Defendant: (a) had a computer repair problem within the “E” operated by the victim D (E) located in Yongsan-gu, Yongsan-gu, Yongsan-si; (b) had his own body of the body of the Defendant on the ground that the computer repair problem led to a mutual conflict with the victim with the victim; (c) had a threat to the victim seated on the table; (d) had the victim laid down on the table; and (e) had the victim laid the body by hand to prevent the victim from going out of the table; and (e) had the victim sustained injury, such as the crum of the shoulder, tension, etc., which requires two weeks of treatment.

3. The lower court determined that the Defendant was acquitted of this part of the charges on the ground that each of the evidence submitted by the prosecutor alone was insufficient to recognize that the Defendant sustained injury as stated in the facts charged, on the following grounds: (a) the Defendant’s resistance was not serious enough to inflict injury on the victim in the course of fighting between the Defendant and the victim; (b) the injury of the Defendant’s shoulder shacks, tensions, and tensions cannot be excluded from the possibility of being incurred in the course of forcing the Defendant who was abandoned without leaving the office; and (c) the injury diagnosis was written on the basis of the victim’s statement and was sentenced to a fine on the ground that the victim did not undergo medical treatment outside the office; and (d) the victim did not suffer injury by being pushed the Defendant out of the office.

4. The judgment of the court below was presented.

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