(영문) 수원지방법원 2014.05.29 2013노5007 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2014.05.29 2013노5007

상해

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (the fact-finding) lies in the fact that the Defendant was against the victim D (the age of 74) and was satisfing and sating the breath of the victim, and did not inflict an injury on the victim by drinking the clothes of the victim, as stated in the facts charged in this case.

However, in full view of the following circumstances acknowledged by the court below and the court below's duly adopted and investigated evidence, the above argument by the defendant is without merit.

① At the police and the prosecution, the victim consistently stated to the effect that he/she suffered from sacriffying the body of the Defendant, which was satisfying the body of the Defendant’s drinking.

② On December 21, 2012, the victim, issued by the I Hospital on December 21, 2012 (Evidence No. 51 of the Evidence Record), stated that the victim requires approximately 4 weeks of medical treatment, “the part of the first half and the part of the second half and the part of the injury,” and that the victim’s part and the part of the injury are consistent with the cause and extent of the injury claimed by the victim.

In addition, there is no special circumstance to reject the probative value of the above injury diagnosis certificate, including the fact that there was a circumstance that the victim might suffer the above injury due to assault from a third party or that the doctor prepared a false diagnosis certificate.

③ The statements of witnesses working in the vicinity of the instant site also conforms to the victim’s statements.

In other words, in the court of the trial, E stated in the court of the trial that “I am ice, the voice of another dispute after ice ice was re-dried as a parking lot for the C building. The victim complained of the pain and suffering while her fingers stand off.” The statement was made to the same effect through a written statement (Evidence No. 75 of the Evidence Record) submitted to the prosecution.

G is accompanied by DNA (victims) that the statement(Evidence No. 76) submitted to the prosecution is appropriate.

유사 판례

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