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(영문) 대전지방법원 2017.11.14 2017노682
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the statement of witness D is clear and consistent with other evidence, such as a medical certificate and a report on investigation, and the statement of the defendant's witness is difficult to believe because it does not conform with the above evidence, the judgment of the court below that acquitted the defendant is erroneous in the facts.

2. Judgment on the grounds for appeal

A. The judgment of the court below is that the victim C and D's investigative agency and witness D are admissible as evidence consistent with the facts charged in the case, but the victim C made a statement at the investigative agency, when the victim made a statement at the investigative agency, the victim C attempted to have the back water from a protein one time and continuously protein so that the defendant was able to have the protein left by the protein.

On the other hand, when testimony at the court of the court below made a statement, the defendant took his chest on the side of his chest, and he also taken the chest of the defendant, and the defendant tried to take the baby while he saw her mountain, and he saw her to have the baby cut.

The testimony was made with respect to the circumstances in which the victim was damaged and the statement in the court of the court below is different from the statement in the investigative agency. D, a witness, made a statement that the victim C was friendly to take the side of the victim C, and the victim C was friendly to take the side of the victim C while the defendant was in bad condition with the defendant. On the other hand, E and F, a witness, when the defendant was in bad condition with the victim C's statement, when the victim was the head of the defendant due to the defect of the victim's bath, and in order to not meet the defendant, D, a witness C testified that the victim C was in bad condition with the victim's finger, and that there was no other fact that the victim C was in bad condition beyond the floor and there was no other witness C's statement.

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