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(영문) 서울중앙지방법원 2018.09.14 2018노588
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

A. The Defendant did not commit an act of causing injury to the victim by hand.

The defendant's act cannot cause an injury to the victim, and the victim was issued a written diagnosis of injury by deeming that the victim did not receive medical treatment, etc. at the time, the victim suffered an injury.

shall not be effective.

There was no intention to injure the defendant.

B. Although the Defendant alleged interference with the business was using shopping bags on the store floor, the Defendant exercised power.

and there was no intention to obstruct the defendant's business.

2. Determination

A. The following circumstances acknowledged based on the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion regarding the crime of injury: ① The victim is deemed to have lost visibility at the investigative agency and the court of the first instance, and “the defendant is deemed to have lost visibility at the place on the preceding day.”

In doing so, CCTV show the string of CCTV, was difficult to avoid disturbance, and the chest of the victim who prevented it was tightly pushed over the floor.

At the time, because the arms are the pains, they tried to have the protection unit and to use the left hand.

The work was made on the third day of the day following the day.

(2) According to CCTV images taken by the situation at the time, the defendant can be fully recognized as charged with this part of the crime in full view of the following facts: (a) the victim’s left chest part of the victim’s chest is found to have been examined on the right hand by the floor of the store; (b) the victim was issued a written diagnosis of injury under the name of the right blue, blue, blue, and tension that require treatment between Jnea and Jnea on the day of the instant case and 14 days; and (c) the disease and symptoms stated in the above written diagnosis correspond to the victim’s statement against the victim’s injury. Thus, this part of the defendant’s allegation is with merit.

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