존속상해등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal does not contain any cruel act by inflicting a bodily injury on the victim, or by placing the victim under confinement.
Nevertheless, the court below found the defendant guilty of the facts charged in this case based on the statement of the victim without credibility. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. In the lower court’s judgment, the Defendant asserted the same or similar assertion as in the trial court to the effect that “The Defendant visited the victim’s house at the time of the entry of the facts charged, but only divided conversations with the victim, and did not commit harsh acts by causing injury or confinement of the victim.”
The court below rejected the above assertion in determining that the credibility of the victim's statement was recognized in light of the following facts and circumstances revealed by the record, and that the defendant was found to have committed a harsh act by inflicting an injury on the victim and imprisoning the victim.
(1) A victim has consistently made a statement from an investigative agency to the examination of a witness in the court of original instance, which corresponds to the facts charged in the instant case, and there are no other circumstances to suspect the credibility of the statement.
On the other hand, the defendant also recognized the fact that he visited the victim's house on the date stated in the facts charged.
② According to the photographs taken on May 25, 2017 and May 26, 2017, followed by approximately three days after May 25, 2017 from the instant case, and approximately four days after May 26, 2017, the shape of the victim’s arms, face, chest, shoulder, shoulder, timber, arms, etc. is verified.
On May 23, 2017, the day following the day of the instant case, the victim was provided with medical treatment by being inside D on May 23, 2017, and on May 25, 2017, the pelle part of the pelmos of the pelmos of the upper age of the upper age of the upper age of May 25, 2017, such as the pelmos of the pelmos, plemos and tensions of the chest, damage, the parts of the upper part of the arms, and the open upper part of the other parts