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(영문) 서울북부지방법원 2016.04.29 2016노240

무고등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The first fighting was terminated after the victim exceeded the bus stops in fact.

The defendant found the fact that he had a bank located in the fishidine while getting on a bus at a destination, and found a bank from the opposite part of the bus which was sprinked with the victim, and returned to the bus stop which was sprinked with the victim because it was not possible to find the bank while she was sprinked with the victim.

The victim had been at a bus stop until then, and the victim sustained the injury that the victim sustained by breaking the shoulder of the defendant.

Nevertheless, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of having committed an injury to the victim by false means.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination:

A. In full view of the evidence duly admitted as evidence, such as CCTV images of route buses, investigation reports (to hear the statements of fire officers I), and replies to cooperation in investigation, the following facts can be acknowledged.

The defendant left his bus stop and asked the victim to rescue by his own telephone 119, and the 119 first aid crew arrived at the site and went to the hospital.

Considering the CCTV image data of multi-child bus, the time when the victim was out of the bus stops is 16:22 square meters.

From the point of time, the time reported by the victim in 119 is about 16:24, the time to arrive at the bus stops where the victim of the 119 first-aid services is the victim, 16:30, and the time to leave from the site to move to the hospital in order to move to the hospital is 16:35.

At the time, the fire officer I, who took emergency measures against the victim, was married with the victim at the site, and the victim stated that there was no fact that the victim was wraped with another person at that time.

. These circumstances.