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(영문) 대전지방법원 2020.07.23 2019노730
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the facts charged of this case was around 08:00 on July 5, 2017, the Defendant inflicted an injury on the victim B (61), and the employees of E and the main shop in the Dong-gu Daejeon-gu, Daejeon-gu, on the part of the victim’s head, including two members in need of treatment for about six weeks in line with the part of the victim’s head, where the victim was able to take a bath to “I Dora Dora Do,” and the victim was her next to the victim who took a bath to “I Dora Do, this G Do Do Do Do Do.”

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. In full view of the following circumstances, the lower court rendered a judgment that the Defendant was not the victim, but the victim was injured by the negligence of melting a melting cans toward the side of the wall or the ceiling, and that the evidence submitted by the prosecutor alone cannot be deemed to have proved without reasonable doubt that the facts constituting the facts charged in the instant case are difficult to be proven.

① The Defendant consistently stated at an investigative agency that no one had a beer’s disease towards the victim, and that it had a melting cans toward the side.

② Employees F (G) who were in the same occupation as at the time and were not drunk also made a statement to the same effect as the above Defendant.

또한 당시 방안에는 공소사실에 기재되어 있는 맥주병도 없었고, 피해자가 주장하는 유리재떨이도 없었으며, 방안에 있던 재떨이는 까맣고 동그란 플라스틱 재질이었다고 진술하고 있다.

③ E (H), which was present at the time, stated that the Defendant was not a victim, but a wall or a tent, and that there was no be be be be be a beer disease.

E shall be a victim when filing a report with an investigative agency in 119.

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