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(영문) 대구지방법원 2015.12.10 2015노1083
폭행치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that E has consistently been subject to several assaults from the investigative agency to the court of the court below, and the defendant suffered bodily injury while in excess of the court of the original judgment. Since such E's statements are credibility, it is possible to fully recognize the fact that the defendant suffered bodily injury by assaulting E, but there is an error of law by misunderstanding facts and affecting the conclusion of the judgment of the court below which acquitted the facts charged in this case.

2. Determination

A. On March 9, 2014, at the D restaurant located in Daegu-gu, Daegu-gu, the Defendant: (a) stated that the victim E (the 44-year-old-old-year-old-year-old-old-gu-old-gu-gu (the 44-year-old-year-old-year-old-year-old-year-old-year-year-year-old-year-old-year-old-year-old-year-year-old-year-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-gu) stated that “nick-

B. The lower court determined that the instant facts charged are insufficient to recognize, and there is no evidence to acknowledge otherwise, and acquitted the instant facts charged on the following grounds: (a) it is difficult to believe that the E’s investigative agency and this court’s statement in the investigation agency for the following reasons; (b) G hospital medical fee and investigation report (G hospital counterpart investigation) and the details of the 112 reported case.

1 E의 수사기관 및 이 법정에서의 진술 ① E는 수사기관에서 ‘만취한 피고인이 식당 내 홀에서 자신에게 욕설을 하면서 손바닥으로 자신의 양쪽 어깨와 머리 부위를 2, 3회 때렸고, 식당의 주방에서도 손으로 자신의 머리 부위와 팔, 다리 전신을 사정없이 잡아당기고 뺨을 수회 때려 주방 바닥에 넘어뜨렸다.’고 진술하였고, 이 법정에서도 '피고인이 식당 내 홀에서 자신에게 욕설을 하면서 어깨와 뺨을 막 두드려 팼고,...

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