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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.01.08 2014노2637
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

As stated in the facts charged in the instant case, the Defendant did not commit an injury to the victim by assaulting the victim C.

(A) In light of the victim’s written application for the preparation of the victim and the statement of the court below in G, etc., the victim’s statement that corresponds to the facts charged in the instant case is not reliable.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of the judgment.

Judgment

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, i.e., ① the victim’s opening statement in compliance with the facts charged in this case at investigation agency and court below, and the victim’s written application for the victim’s drafting that the victim is a false statement as to the defendant’s assault was submitted to the court below (Article 19, 45, 46 of the Investigation Record, No. 36 of the trial record), but the victim’s written statement that “the victim prepared the above written application in his intention to close the case as soon as possible, and the defendant’s statement that it would go beyond his own title,” and ② the victim’s photograph and diagnosis of the victim’s injury correspond to the victim’s statement as stated in the judgment of the court below, it is acknowledged that the victim inflicted an injury on the victim as stated in the facts charged in the judgment below.

In contrast to this, the statement in the court of original instance and G's written application or G is inconsistent with the defendant's defense (the 9th page of the investigation record). The defendant will ask the defendant's bridge to ask the victim and her husband to leave beyond the victim.

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