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(영문) 서울중앙지방법원 2017.12.15 2017노2287

폭행치상

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) Defendant did not take back the back of the victim.

Nevertheless, the court below found the Defendant guilty on the ground of the consistent victim’s statement, the witness J’s professional statement without admissibility, and other evidence that cannot be considered as evidence of conviction.

The court below erred by misapprehending the facts or by misapprehending the legal principles.

2. Determination

A. According to the evidence examined in the judgment of the court below and the trial of the case (Provided, That the part that heard the same statement as the victim's statement from the defendant's family members in the legal statement and the report of occurrence by the witness J of the court below is not evidence) the defendant demanded the movement of the victim's vehicle for the parking of the defendant and the victim's moving of the vehicle in the process of demanding the victim's and the defendant's moving of the vehicle. The victim provided a bath with the victim's and the defendant's obsor while walking the vehicle at the expense of the victim. The victim stopped the vehicle on the alleyway with the victim's walking rhym with the driver's seat of the vehicle on which the victim was on board, and the victim received a diagnosis from the defendant and the victim on the front part of the accident after the victim's moving the vehicle to the right side immediately after the victim's leaving the vehicle in the way, and received the diagnosis of the vehicle in this case by the defendant and the victim on the front part of the accident.

However, with respect to the occurrence of the instant accident and the cause of the injury suffered by the victim, the victim has been deprived of the back of the victim from the balke, and the defendant's act and the vehicle.