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(영문) 서울북부지방법원 2020.08.21 2019노2109
상해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

The summary of the grounds for appeal (a factual error) does not constitute an injury by exercising the force of force against the victim as stated in the facts charged.

2. Determination

A. The summary of the facts charged in the instant case is the Defendant’s assistant nurse, and the victim works as the head of the facility and the assistant nurse at the B Care Center without delay.

On October 17, 2018, around 09:20 on October 17, 2018, the Defendant came to be the issue of arranging the low return from the threeth floor B of the D Sports Center in Seongbuk-gu.

The defendant, who was trying to be arranged by the victim E, suffered injury that requires medical treatment for 14 days, such as "Weatum base", "Scarletum", "Scarletum base", and "influoral base", when the defendant was faced with the wall by the body.

B. The lower court’s judgment held that the witness E’s statement is the principal

In the part consistent and consistent, there may be no witness in light of the circumstances at the time, and even in light of F and G’s respective statements, the court found the witness E guilty of the facts charged in the instant case by considering the witness E’s statement, injury diagnosis, etc. on the ground that it is insufficient to reject the credibility

C. However, considering the following circumstances revealed in the records of this case, it is difficult to believe that a witness E has made a statement at an investigative agency and a court of original instance, and other evidence submitted by a prosecutor alone is insufficient to deem that the Defendant has suffered an injury by exercising the force of force as stated in the facts charged to E to the extent that there is no reasonable doubt.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment, and the Defendant’s assertion

1 E refers to the situation in which the injury was suffered, and when first filing a complaint, ‘the defendant's 's 's 's 's 's 's 's 's 's 's 's 's 's 's '''

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