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(영문) 대전지방법원 2015.05.15 2014노2774
폭행치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below rejected the victim's statement without reasonable grounds and acquitted the defendant, in light of the following: (a) the victim's statement that the victim suffered bodily injury from the defendant was consistent and specific; (b) the victim's statement was made in response to the truth from the prosecutor of a false terminal detection device against the victim; (c) the witness's statement also conforms to the victim's statement and the defendant paid medical expenses to the victim; and (d) the victim

The court below erred in misconception of facts.

2. Determination

A. The summary of the facts charged was around 02:00 on June 27, 2013, the Defendant: (a) committed an assault against the victim, such as the victim’s chest, and the victim was satisfed by a meeting of friendship with the victim F (the age of 69) in the E-cafeteria located in Yannam-gu, Yanannam-gu; (b) committed a dispute with the victim; and (c) caused the victim to be satisfed by assaulting the victim, such as the victim’s chest, and caused the victim to have the victim satisfed up with the victim for treatment for up to eight weeks.

B. The judgment of the court below 1) there is only the victim F's statement that seems consistent with the facts charged. According to the records, F made at the police first, "F made a statement at the police that "I see that "I am to have a high saw-saw dispute with the defendant, and the defendant am strongly pushed about her chest with his hand." When the defendant and strokes with the defendant, "I am to have a stroke and pushed about the defendant's shoulder. I am a scoke which the defendant was scokeed with his hand." But in the court, "I am a scoke which is front of the defendant's about to have a dispute with the defendant and scoke, and the defendant was scokeed with the defendant's hand, and it is not consistent with the police's statement by making a statement that "I am close to the defendant's chest by hand."

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