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(영문) 인천지방법원 2013.07.05 2013노543
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the defendant has exercised a strong tangible power to the extent that he saws his hand and the degree of the victim's injury is not somewhat weak, it can be recognized that the defendant had intentionally sustained the injury.

Nevertheless, the court below found the Defendant not guilty of the facts charged of this case. The court below erred by misapprehending the facts and affecting the judgment.

2. Determination

A. A. Around July 4, 2012, the Defendant: (a) around 20:50 on July 4, 2012, the summary of the facts charged is that the victim B (the age of 47) gets out of the modern department store (the age of 1164-2), Jung-gu, Seocheon-gu, Seocheon-gu, 1164-2, and the Defendant got out of a cam and cambus.

피해자는 피고인이 달려들자 피고인의 오른쪽 팔굽앞부위를 손으로 1회 잡아 꺽는 폭행을 하였고 피고인은 이에 대항하여 피해자의 팔을 뿌리치면서 피고인의 손톱으로 피해자의 아래 팔 뒤부위를 할퀴어 전치 약 10일을 요하는 좌측전완부찰과상을 가하였다.

B. The judgment of the court below held that although the lower court acknowledged that the lower part of the victim's arms was flicked to the Defendant's saw, the victim was flicked to the Defendant's saw that flick was flick as stated in the facts charged, but the victim stated at the investigative agency that "the Defendant was flicked with the Defendant's left part of the Defendant's arms with the Defendant's arms to prevent the Defendant from spreading the Defendant's arms, the lower court stated that "the victim flick with the Defendant flick was flick, and the part of the Defendant's arms was flicked in the process of preventing the Defendant's arms," and that "the physical contact between the Defendant and the victim was flicked by the Defendant and the Defendant's arms as above, all the Defendant's arms were flicked by the Defendant's arms."

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