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(영문) 전주지방법원 2017.05.12 2016노1573
상해
Text

The judgment of the court below is reversed.

The accused shall announce the summary of the judgment of innocence.

Reasons

1. The summary of the grounds for appeal is merely an unilateral assault from the victim E, and even though there was no fact that the defendant inflicted an injury on the victim as stated in the facts charged of this case, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in the misapprehension of

2. Determination

A. On September 7, 2015, the Defendant, at around 22:10 on September 7, 2015, inflicted injury on the victim E (the 45 years old) who belongs to the same Democratic Nom gun in front of the D cafeteria located in Gunsan-si, on the ground that the instant case was referred to a disciplinary action against the Trade Union and Labor Relations Adjustment, but was refused to do so, on the ground that the instant parties met the instant case, and the Defendant was influenced, and was influent of the victim’s flab, and was at seven times of drinking head, thereby causing injury to the victim, such as damage to the character of face, which requires approximately two weeks of treatment.

B. The lower court found the Defendant guilty of the instant facts charged as evidence of the victim E and witness F’s statement and diagnosis in each court of the lower judgment.

(c)

1) The Defendant consistently asserts that the Defendant was assaulted by an investigative agency to the extent that it did not cause any injury by assaulting the victim.

2) Meanwhile, considering the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it is difficult to believe the victim’s statement as it is.

A) On September 8, 2015, the day following the occurrence of the instant case, the victim stated to the effect that “the victim was frightened and fright each other,” and “it is not well memory under the influence of frightening” in the police investigation process due to the instant crime committed by the victim on the date and time of the instant crime (Evidence No. 48, 49 of the evidence record), and ② Around November 12, 2015, the two months past the date and time of the instant crime, the Defendant filed a complaint with the police against the Defendant as the crime of injuring the victim.”

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