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(영문) 제주지방법원 2016.03.17 2015노543
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the fact that the defendant inflicted an injury by assaulting the victim, such as kneeing the victim's side kneing, etc. can be fully recognized.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2. Determination

A. On December 17, 2014, the summary of the facts charged of the instant case: (a) the Defendant demanded parking expenses from the E-paid parking lot operated by the Defendant located in Seopopo City D on December 17, 2014; (b) however, the Defendant demanded parking expenses from the victim C (43 tax) but the Defendant did not have cash under the influence of alcohol.

On the other hand, while making a dispute with each other, the victim suffered bodily injury, such as flabing fages of the victim and flabing fages of the victim's body and kneeing knee knee knee knee kne fl kn kn kne kn kn kne (8,9) which requires approximately 6 weeks medical treatment.

B. The lower court determined that: (a) the Defendant and the victimized person were at the time and place indicated in the facts charged as a matter of the settlement of parking expenses; (b) the victim was fighting each other’s body; and (c) the victim was at the bottom of the floor; and (d) the victim was diagnosed on the ground that the victim was at the same time floring flor, etc., but it was sufficiently proven that the Defendant intentionally flord the victim, or kneeked the victim’s floral price

It is insufficient to see that there is no evidence to prove the crime, and the defendant was acquitted in accordance with the latter part of Article 325 of the Criminal Procedure Act because there is no evidence to prove it.

(1) First, as to whether the defendant was a knee in a state of being on the body of the victim, he is only the victim's statement, but there is no evidence corresponding to this part of the facts charged, but it continues after the defendant was on the body of the victim.

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