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(영문) 대전지방법원 2014.08.12 2014노194
상해
Text

The appeal by the prosecutor is dismissed.

Reasons

Summary of Grounds for Appeal

(In light of the consistent and specific statement that the victims suffered injuries from the defendant, the court below erred by misapprehending the legal principles or by misapprehending the legal principles on facts charged of this case, on the grounds that it is difficult to believe the victims' statements as they are, and there is no other evidence, thereby adversely affecting the conclusion of the judgment.

Judgment

As evidence consistent with the facts charged in this case, victim D and F have each statement and injury diagnosis report at the police and the court of the original instance.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) the victim D testified that “the defendant was her back head,” and the court of the court below stated that “the defendant was her face that he was seated on a coffee,” and (ii) the defendant’s statement was different from each other in the court of the court of the court below, by stating that “the defendant was her face that she was seated on a coffee book,” and (iii) the victim’s dyke and the dyke, which can be confirmed by video on the spot (Evidence No. 46 of the evidence record) at the time, spreads the victim’s back head or face.

Rather, rather than the Defendant’s defense, deeming that the coffee contained in the instant cup is protruding on the books and kidboard on the wind on which the victim D knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

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