beta
(영문) 서울중앙지방법원 2017.04.20 2016노3856

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

In light of the circumstances below the summary of the grounds for appeal (misunderstanding of facts), the judgment of the court below which acquitted the Defendant on the facts charged of this case.

In light of the fact that the injured person consistently testified from the investigation stage to the court, and that the injured person was treated at the hospital around March 1, 2016, the injured person’s statement is believed to be believed.

The witness G of the lower court stated to the effect that “the Defendant was unable to be deemed the Defendant’s act,” and at the time G was highly likely to have failed to regard the Defendant’s act as the husband D of the victim who had been paid for the time.

Judgment

The summary of the facts charged in the instant case is that the Defendant, as a resident of escaping from North Korea on February 27, 2016, was a resident of escaping from North Korea, at D’s residence located in Gangnam-gu Seoul Metropolitan Government apartment complex C, while drinking together with D while under the influence of alcohol, and that “the source of cattle is deemed to correspond to E’s Bod’s Bod’s E.

The victim F (V, 40 years of age) who was the wife of D committed assaulting twice the victim's chest on the ground that the victim F (V, 40 years of age) was aware of the Defendant, while taking a head into account to D, on the ground that the victim F (V, who was the wife of D) committed assaulting the Defendant.

The lower court determined that the lower court acquitted the victim of the instant facts charged on the ground that it is difficult to believe the victim’s statement due to the following circumstances, and there is no other evidence.

From ordinary times, the victim has been aware that her husband D had drinking alcohol with her husband D.

If so, the other party who the victim speaks at the time seems to have been not the defendant but the defendant.

At that time,

G is a statement that there is no fact that the defendant did not assault the victim, and that D, the husband of the defendant, did not regard the fact of assault.

At the same time, there is no witness's statement to support the victim's assertion that he/she was assaulted by the defendant, including the defendant and the victim at the same time.

The victim also reports to the police first.