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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.08.30 2016노1690
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is sufficiently recognized according to the evidence duly adopted and examined by the court below.

2. Determination

A. The summary of the facts charged in the instant case reveals that the Defendant got out of singro, singing singing, and around 04:00 on May 1, 2015, and around 04:0,00, at the time of Eup, around 50,000, the Defendant got out of the Republic of Korea. As the Defendant was placed in a vehicle driven by C from the victim D (in this case, 50 years of age) to stop for the Defendant’s fighting with E and bathing and the Defendant’s body, the Defendant got out of singro, with the Defendant’s entrance to the victim, and led the victim to a singro that requires approximately 4 weeks of treatment.

B. The lower court rendered a judgment that acquitted the victim on the ground that the victim’s investigative agency and the victim’s written testimony and diagnosis in this court, each of the statements is difficult to believe, the victim’s injury diagnosis report alone is difficult to recognize that the facts charged are proven to the extent that there is no reasonable doubt, and that there is no other evidence to acknowledge otherwise.

(c)

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., if the defendant inflicted an injury on the victim as stated in the facts charged, at the time of the investigation.

C and E should have observed such a chapter, and C and E stated that “A” stated that “A defendant was unable to see that the victim was a victim (see, e.g., the 77th page and 99th page of the trial record),” the victim stated on May 1, 2015, which is the time of initial visit to the hospital, that “the victim was issued a medical certificate by visiting the night hospital again on August 12, 2015 and visiting the night hospital (see, e.g., the 34th page of the investigation record),” and that the defendant was issued a medical certificate (see, e.g., the 34th page of the investigation record), in light of the fact that the defendant had no criminal record other than being punished for driving under drinking in 2015.

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