(영문) 서울중앙지방법원 2019.05.09 2018노2934



The defendant's appeal is dismissed.


1. The summary of the grounds for appeal is that the Defendant only flaged the mother and child of the victim once by hand and did not get the victim's head on the right hand with the right hand hand.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the court below.

1) At the investigative agency and the court below, the victim was seated together with the wife on November 5, 2017, No. 5102, the Jeon Dong-dong, No. 5102, the Gapsan Gapsan 5102. One of the defendant's daily activities was refused despite the defendant's demand to yield the jobs, but the defendant continued to do so. The defendant was at the time of her head in his hand. At the time of the defendant's failure to report the defendant at the time, it is impossible to accurately know whether the defendant was her head in his hand or her drinking. However, in light of shock, it is presumed that he was drinking. The defendant was requested to report to the investigative agency immediately after the defendant's head was investigated, and one of the defendant's testimony was made at the time of his head or her testimony at the investigation agency. One of the defendant's testimony was "the victim was made at the right time."

3) C은 수사기관에게 “자리 양보 문제로 다툼을 벌이는 도중 피고인이 피해자의 머리를 가격하였고, 당시 ‘퍽’하는 소리가 났다.”라고 진술하였다(증거기록 18면 참조 . 나.

There are the following circumstances ratified by the above facts of recognition, that is, the victim's statement or testimony is specific and consistent, consistent with the statements of F and C, and there are incentives or motives to make a false testimony about the defendant even when the victim is at risk of being punished for perjury.