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(영문) 의정부지방법원 2016.06.24 2016노693
과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is merely the victim's own room and suffered pictures in the middle of the married person, and there is no fact that the defendant had dancing with the victim as stated in the facts charged, and had the victim go beyond the victim's body.

The judgment of the court below which found the Defendant guilty of the facts charged in this case on the grounds of the statements of the victim and F without credibility, etc. is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. On December 21, 2014, the Defendant had a duty of care to prevent the location of images, etc. due to distress, etc., by taking care of the victim E (n, 37 years of age) who is a contact loan and dancing within three times 'D summary' in Guro-si around 02:30 on December 21, 2014. In such a case, the above room works in a narrow and narrow room, and thus, the Defendant has a duty of care to prevent the location of images, etc. due to distress.

Nevertheless, the Defendant, while drinking, took dancing with the victim without fulfilling the above duty of care, was faced with the victim, and the victim was able to go beyond this duty, and the part of the victim's her mare and the part of the back side of his mare in contact with the above mar, thereby resulting in the victim's serious 2 degrees of image, such as the part requiring approximately four weeks of treatment.

B. The Defendant also asserted the same purport in the lower court, but the lower court rejected the allegation in full view of the following circumstances acknowledged by the evidence duly admitted and investigated.

“(1) A witness at the scene of the occurrence of the instant case at the time of the occurrence of the instant case is a relatively consistent statement in compliance with the criminal facts from the investigative agency to the instant court, and ② a photograph of the victim’s video surface (in case of 6 pages of the investigation record).

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