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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.11.16 2018노3756
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the witness’s statement of the gist of the grounds for appeal, the victim’s statement at the police station, the victim’s injury part, etc., the Defendant inflicted bodily injury upon the victim upon the victim by the autopsy as indicated in the facts charged;

Although it is reasonable to see that the lower court erred by misapprehending the facts and thereby acquitted the Defendant as to the special injury.

2. Determination

A. On September 18, 2017, the Defendant: (a) around 22:35, on the part of the Defendant’s vehicle owned by the Defendant, which was parked in the D E on the street in Suwon-gu, Suwon-si; (b) held the victim’s face on the hand of the victim on the ground that the victim was under the influence of alcohol and was able to pay a trial fee to another person; (c) held the victim’s face on the hand on the part of the victim; and (d) held the victim’s head on the part of the victim’s head, one meter of length, which is a dangerous object inside the troke of the said vehicle.

B. In light of the following circumstances revealed by the evidence duly adopted and examined by the lower court, the lower court determined that the evidence submitted by the prosecutor alone was when the Defendant was sent to the victim’s head through the examination as stated in the facts charged.

인정하기에 부족 하다고 판단하였다[ 나 아가 수사기관 및 원심 법정에서 피해자의 처벌 불원 의사가 확인됨에 따라, 공소사실에 포함된 폭행의 점에 관하여 형사 소송법 제 327조 제 6호에 의한 공소 기각의 판결을 선고 하였다]. ⑴ 피고인은 수사기관에서 원심 법정에 이르기까지 비교적 일관되게 “ 피해 자가 목검으로 때려 목검을 빼앗으려고 실랑이를 하다 놓아 버렸는데, ’ 뻑‘ 소리가 났고 그 후에 피해자가 피를 흘렸다” 는 취지로 진술하였다.

The defendant recognized the facts charged in the police investigation on November 12, 2017. However, the defendant, under the agreement with the victim at the time, listen to the speech that the police officer should be punished by a fine.

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