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(영문) 부산지방법원 2020.05.28 2019노4131
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the statements of the victim and witness D, the body photographs and the written diagnosis of injury of the victim, the defendant can be recognized as having inflicted an injury on the victim by taking the victim's hand.

2. Determination

A. On September 6, 2018, the Defendant: (a) at around September 23:26, 2018, reported that the victim was in dialogueed with other residents in front of the Busan Shipping Daegu apartment entrance; and (b) caused injury to the victim, such as salt, tension, etc. of the necessary aggregate for about two weeks of treatment by taking the victim’s hand, while making a mistake that the victim was involved in the examination.

B. In full view of the following facts and circumstances admitted by the evidence duly admitted and investigated, the lower court rendered a judgment that acquitted the Defendant on the ground that it is difficult to view that the evidence submitted by the prosecutor (the victim’s statement, bodily injury certificate, and bodily injury photograph) alone was insufficient to prove that the Defendant used the victim to assault and inflict bodily injury as stated in the facts charged.

1) On the day of the instant case, the Defendant reported to the police on the fact that he was assaulted by the victim, such as putting head debt from the victim. 2) The victim was in contact with the police officer after leaving the instant site, and was on the spot after having been contacted by the police officer, and the police officer dispatched to the scene did not have head debt, and the police officer did not call without any evidence, and went off the scene again

(3) The victim stated that the CCTV images that the victim assaulted the defendant were confirmed, and that the police officer again contacted the victim by telephone, the victim was also subject to assaulting the defendant's chest. 4) The victim was voluntarily present in the earth since then, and the defendant was aware that he made a statement about the fact of damage, but the specific facts and losses that the victim was assaulted by the defendant.

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