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(영문) 인천지방법원 2014.09.26 2014노1431
상해
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (fact-finding) determined that the level of injury and the upper part of the victim's first statement and the part of the diagnosis on August 5, 2013, respectively taken on August 3, 2013 and August 8, 2013, are clearly different. However, the court below erred in the misapprehension of the judgment of the court below by misapprehending the fact that the defendant could sufficiently recognize that the defendant inflicted an injury on the victim as stated in the facts charged, even if the defendant's first statement and the part of the diagnosis are consistent with the victim's testimony on August 5, 2013, not on the day of the case, because the day of the case was a Saturday, and the victim's statement on August 5, 2013, which is called the victim's first statement and the part of the diagnosis on injury, and even according to F's testimony, the defendant seems to have inflicted an injury on the victim as stated in the facts charged, and thereby, acquitted the defendant.

2. Around 09:00 on August 3, 2013, the Defendant: (a) at the D’s house located in Seocheon-gu Seoul Special Metropolitan City, Seocheon-si, Seoul Special Metropolitan City, the Defendant was in dispute with the amount of money lent by the victim E (the 53 years of age) and Gosaw-to-saw; (b) in response to the assault by the victim; and (c) in response to the assault, the victim’s breath was spathing with the victim’s breath and buckbucks; and (d) the victim was spathed with the victim’s spath and bucks with the victim’s 14-day care for 14-day treatment.

3. Determination

A. From the investigative agency to this court, the Defendant asserted that the Defendant committed assault by the victim, such as the victim putting the Defendant’s shoulder, cutting the Defendant’s shoulder, shaking the Defendant’s head, taking the Defendant’s head by hand, taking the Defendant’s head several times by hand, and taking the Defendant’s part on the part less than the victim’s neck during the process of setting up the assault, and the victim’s head and buckbucks as indicated in the facts charged.

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