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(영문) 대구지방법원 2015.07.16 2014노3546

상해

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The decision of the court below which acquitted the defendant, even though the defendant was guilty of the victim's bodily injury by salbling the breath of the victim's breath.

2. In the trial of ex officio determination, the prosecutor changed the name of the crime from among the facts charged of this case into "Assault", and the applicable provisions of this Act to "Article 260 (1) of the Criminal Act", and the facts charged are as follows: "A defendant was requested to change the facts charged to "A victim C (23 years of age) was making a sudden stop in front of the defendant's driver's car, on the ground that on March 23, 2014, the victim C (23 years of age) driven at the crosswalk in front of the Gu-U.S. Si/Gu-U.S., Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, about 76-ro, Seoul Special Metropolitan City on March 23, 2014, on the ground that he was making a sudden stop in front of the defendant's driver's car," thereby making it impossible to maintain the judgment below as the case was changed to that effect.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is decided as follows.

【Discretionary Judgment】

1. The summary of the facts charged against the defendant is as stated in the facts charged under paragraph (2) of the above Article.

2. As the Defendant denies the instant facts charged from an investigative agency to this court, it is deemed that the Defendant could be found guilty of the instant facts charged with the victim’s investigative agency’s statement and legal statement, investigation report (Attachment to a victim’s death diagnosis) and CD image, which correspond to the instant facts charged.

In the investigation agency and court, the victim made clear and clear that the defendant would conflict with the victim's urbane. After then, the defendant saw the victim as the victim's urgical, and "I am son, I am son, I am bomb immediately."