logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.09.05 2014노885
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. As to the crime of injury and intrusion upon residence among the facts charged in this case, the court below found the defendant not guilty of this part of the facts charged, although the defendant invadedd the victim D's residence and inflicted injury on the victim. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. The court below held that the defendant did not agree to the written complaint of the victim and the written statement of the victim against the defendant as evidence, and the victim who made the original statement did not admit the authenticity in the court of the court below, and the victim did not appear in the court of the court below when he requested several times of examination on the grounds of disease. The data alone submitted by the victim does not constitute a case where the victim is unable to make a statement in the court of the court below due to disease under Article 314

The following circumstances are acknowledged by the evidence examined by the court below, including E and F’s legal statement, that is, immediately after the instant apartment immediately before the instant case, the victim brought a dispute with the Defendant in front of the guard room of the said apartment, and the victim again requested a confusion with the Defendant at around 15:00 on October 3, 2012 and requested that the Defendant be confused with the Defendant, and the Defendant was faced with the victim, and the Defendant was not wanting to be punished against the Defendant. In light of the above, the remaining evidence submitted by the prosecutor alone infringed the victim’s residence.

In addition, it is not sufficient to recognize that the victim was injured or injured, and there is no other evidence to acknowledge this, the facts charged in this part were acquitted.

B. First of all of the judgment of the political party, whether the victim's written complaint and the written statement against the victim are admissible is admissible, the victim as a witness on the third trial date in the trial room.

arrow