beta
(영문) 대구지방법원 2012.11.30 2012노1938

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant did not destroy the victim’s lapt, or inflict an injury on the victim.

① As to the part concerning the crime of damage, the part concerning the crime of damage is not limited to the case where the injured party was fluored away from the street north, but did not have the seeds floor by cutting it out. ② As to the part concerning the crime of injury, the part concerning the crime of injury is not only the injured party's chest with the hand floor, but also the case where the chest was fluor, and it cannot be readily determined that the act of the accused was caused by the act of the accused, and it cannot be viewed as "injury" under the Criminal Act.

Nevertheless, the lower court found the Defendant guilty on the sole basis of the victim’s statement. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the judgment of the court below and the court below are: ① the victim submitted a written statement in the police investigation and the court of the court below that “the defendant was able to find the victim as a school guard room and to prevent him from coming to school, and was on the seeds floor by cutting off the Nowon-gu in his hand. After completion of the school course, the witness G and H consistently stated that “after the completion of the school course, the defendant was able to get her breast on one occasion from among the roads in which the defendant dialogued in the school room, the defendant was able to take her own fry,” and then deducted the victim from her softened on the seeds floor, and the victim submitted a written statement stating that he was her breast at the victim’s chest while the students and teachers observe the school room, and there seems to be no particular reason to make him false or exaggerated, ③ the victim’s opinion that the victim needs to take care of the victim and the victim’s injury.

참조조문