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(영문) 수원지방법원 안산지원 2019.07.24 2018고단54
상해등
Text

Of the facts charged in the instant case, the charge of interfering with business, forging private documents, and uttering private documents is acquitted. The instant facts charged.

Reasons

The acquittal portion

1. An injury;

A. On May 11, 2016, the Defendant in this part of the facts charged: (a) around 18:00 on the street in front of Sinstitu City, the Defendant: (b) at the time of Sinsih, the Defendant: (c) caused the injury to the victim, on the part of his/her agent, who acquired the said land ownership by auction, by hand, on the ground that the victim C (the age of 59) went into the said land; (d) coming up with his/her hand on the ground that he/she went into the said land; and (e) came up with his/her body; and (e) came up with his/her hand, caused the victim to undergo approximately seven-day medical treatment.

B. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is difficult to deem that the evidence submitted by the prosecutor alone proves that the victim suffered the same injury as the facts charged by the Defendant’s assault to the extent that there is no reasonable doubt.

① A victim submitted a written diagnosis of injury to an investigative agency (2018 Godan54 evidence records, 380 pages) and the written diagnosis of injury was issued on June 22, 2016, which was one month or more from May 11, 2016, when the victim was assaulted by the Defendant.

② Even according to the above medical certificate, the above medical certificate states that “in the face of an injury, there is a pressure from the backward side to the backward side, and there is no hindrance to walking.” This appears to have been written on the basis of the subjective appeal of the victim, which caused pain, and the circumstance that the victim was receiving a separate medical treatment at the hospital does not seem to exist.

C. In conclusion, since this part of the facts charged constitutes a case where there is no proof of a crime, a not-guilty verdict should be pronounced pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as long as a public prosecution on the act of assault in relation to such crime is dismissed, the judgment of

2. Point of interference with business;

A. The Defendant of this part of the facts charged is the facts charged.

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