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(영문) 인천지방법원 2014.03.27 2013노3498
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of all the evidence, including the written diagnosis of injury of the victim, which was lawfully submitted by the prosecutor of the grounds for appeal, the court below found the Defendant not guilty on the ground that the facts charged of the instant case were sufficiently recognized, but the court below found the Defendant guilty.

2. Determination

A. On February 13, 2013, the Defendant: (a) around 20:00, in front of the Defendant’s house located in Kimpo-si, Kimpo-si, 313 Dong 1303, a building 313-dong 1303; (b) the Defendant: (c) installed the victim D (the age of 51) who was a human tester at the Defendant’s house as soon as he did so; and (d) installed the vessel that was not ordered by the Defendant’s house as soon as possible; and (c) was tight to demand 50,000 won for the installation cost of the first vessel; (d) was tightly sealed by hand by his hand, tight the Victim’s shoulder and head, and sealed with the wall.

As a result, the defendant suffered injuries, such as the diversification of cage cages, which require approximately four weeks of medical treatment.

B. The court below held that the evidence consistent with the facts charged in this case only includes the victim D's investigative agency and this court's statement and the victim D merely stated that "the defendant open a door and assaults his head head and her clothes, frights his clothes, and is not sealed," while this court stated in this court that "the defendant frights the son and her mother of the witness, takes the son and her mother of the witness, takes the son's son, takes the son's son's son, and takes the witness over several walls, and knee with the witness's kne and was sealed on several walls," and "the skekes of the witness's mane are kneed."

However, the victim statements the situation of damage much more specific and detailed than the police investigation that has not been long since the date of the occurrence of the case, which is very exceptional, and ② the most serious injury.

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