(영문) 수원지방법원 2015.04.22 2014노4492 | 리걸엔진

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(영문) 수원지방법원 2015.04.22 2014노4492

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not inflict an injury on D and E, even though the Defendant flatd D’s flatd D’s flat, he was unilaterally abused from D and E.

2. In full view of the following facts duly admitted and examined by the court below, the facts charged in the judgment below can be recognized.

① immediately after the date of the instant crime, the victim D stated that the Defendant was seated by the police as a handsaw, and that he was flicked by the photographic picture, the victim D can check the condition of flicking in the vicinity of D’s entry.

② While there is a dispute over the dispute between the victim D and the lease broker, the Defendant recognized the fact that the victim D was satisfly satisfed or fatd of the victim D. The victims tried to remove the Defendant from the victim D and the Defendant did not want to bat the victim D’s satch. As such, there is a high possibility that the Defendant would have been urged to bat around the victim D’s batch.

③ There is no content that the victim E suffered an injury in the written statement prepared by the police immediately after the date of the instant crime, but the victim E, at around 01:41, October 7, 2013, the new wall following the date of the instant crime, specifically stated the circumstances of the injury, and received a diagnosis after receiving the diagnosis following the following day.

④ Although there is a little doubt about the circumstances in which the victim E suffered an injury, it is difficult for the Defendant to bring an injury to the victim E as the victim E’s statement because the Defendant and the victims are in contact with each other, and it does not seem impossible for the Defendant to do so, and specifically state the circumstances in which the victim E suffered an injury, and the police made a statement that the victim E made it possible to file a complaint against the Defendant by sexual indecent act, and therefore, it is difficult to deem that the victim E was aware of an unclaimed injury due to the instant criminal act.

3. Accordingly, the defendant's appeal is justified.

유사 판례

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