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(영문) 청주지방법원 2015.05.14 2014노1315
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is consistent in the investigative agency’s statement of specific matters as to G, which is his wife, and in addition, the victim’s statement that proves the victim’s left face is supporting the victim’s injury.

Nevertheless, the lower court rejected the credibility of the victim’s statement in the court of the lower court after eight months from the instant case on the ground that the victim’s statement in the court of the lower court was different from the investigative agency’s statement, and acquitted the Defendant

The court below erred by misunderstanding facts against the rules of evidence and affecting the conclusion of the judgment.

2. The prosecutor changed the indictment to the indictment, while maintaining the existing facts charged as the primary facts charged, with the name of the crime as "Assault", with the applicable provisions of the law as "Article 260 (1) of the Criminal Act", and with the statement in the criminal column as stated below [a] the ancillary facts charged, the court permitted it, and as long as the aforementioned ancillary facts charged are found guilty, the judgment of the court below was no longer maintained.

However, the prosecutor's argument of mistake of facts about the primary facts is still subject to the judgment of this court, so it will be examined first.

3. Judgment of misconception of facts as to the primary facts charged

A. On March 3, 2014, the summary of the facts charged by the Defendant is as follows: (a) while driving a vehicle on the front side of the D building located in Jeju City around March 20, 2014, the victim E (the age of 41) brought the vehicle behind the D building in order to drive the Defendant’s vehicle on the ground that the victim E (the age of 41) was shocked by the Defendant, the vehicle driver’s seat and the driver’s seat of the Defendant, sent the door to the vehicle in his hand, and the Defendant was able to open the door in his hand,

The injured party shall set up against the injured party with the left arms and shoulderes, against them.

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