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(영문) 부산지방법원 2020.09.10 2020노1471
존속상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the summary of the grounds for appeal (the factual error or misunderstanding of legal principles) the victim’s upper part photograph and the Defendant’s flobbial flaps, and the Defendant’s change of the Defendant’s body that the victim was faced with the upper part of the body of the victim’s flaps, it is reasonable to deem that the Defendant suffered injury by the Defendant’s assault, in full view of the following:

2. The additional prosecutor of the ancillary facts charged maintains the facts charged of the injury resulting from existence as the primary facts charged and maintains the name of the crime as the primary facts charged, and Articles 262, 260(2) and 257(2) of the Criminal Act are applicable in the name of the crime as the primary facts charged, and Article 4.

An application for amendment to Bill of Indictment was filed to add the same contents as the statement in the paragraph, and this court permitted it, which was added to the judgment.

The following facts are examined in order of the main facts charged and the ancillary facts charged in addition to the court.

3. Judgment on the primary facts charged

A. On November 5, 2018, at around 12:30 on November 12, 2018, the primary Defendant: (a) collected money from the mother in Busan Dong-gu B and C’s dwelling; and (b) “drawing a fright at the house” from the victim D (the father) who was the father of the flag, “hing a large amount of sound at the house” was flaged by the flag, and flabing the victim’s flab.

The Defendant continued to blickly boomed the victim who was flick on the table while being flicked by the victim, and blicked the victim's body, and blicked the victim's body, and blicked the victim's blicked the victim's blick blick with his blick, so that the victim was flick up to 7 cm in the number of treatment days.

Accordingly, the defendant injured the victim who is a lineal ascendant.

B. The lower court determined that the Defendant committed an assault, such as threatening the victim, first of all, and flicked the victim’s arms on the part of the victim’s arms.

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