(영문) 대전지방법원 2017.12.06 2017노910 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2017.12.06 2017노910

특수폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the statements by the victim of the grounds for appeal and the statement by the defendant that the defendant cited CCTV images and inserted in a video-recordingd gate to the victim, the court below erred by misapprehending the facts charged in this case and adversely affecting the conclusion of the judgment, although it is possible to fully find the defendant guilty of the facts charged.

2. Determination:

A. In full view of the following circumstances, the lower court found the Defendant not guilty on the grounds that it is difficult to believe the part concerning the victim’s statement among the victim’s statement and conversation CDs as they are, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant committed an assault against the victim by putting the victim in his hand, and that there is no other evidence to acknowledge it.

1) At the time of the instant case, F was witnessed at the scene only in a dispute between the Defendant and the victim, and there was no physical contact, such as physical fighting or facing with the body, but also in a case where the Defendant was unable to hear that the Defendant was fluored and discarded, and that the Defendant was not fluoring the victim’s hair, and that he was fluoring in a field while leaving the site.

statements are made and are contrary to the statements of the victim.

2) According to CCTV screen taken at the time of the instant case, around 10:26:05, the victim took the form of 10:26:05 to the Defendant located in dry field. The CCTV is confirmed to be suspended from 10:26:15 to 10:29:16. The above CCTV is to suspend the storage of data after a certain period of time in a case where the movement is not reduced in the Kameras, and if the victim committed the act, such as assaulting the victim by displaying the insertion as described in the facts charged, around 10:28, the date of the instant crime, the victim’s shooting appears to have continued.

(iii) the injured party.

유사 판례

-대전지방법원 천안지원 2017.03.24 2016고단1923

-부산지방법원 2015.11.27 2015노2707

-창원지방법원 2016.04.27 2015노2800

-청주지방법원 2013.07.18 2013노365

-서울남부지방법원 2019.06.04 2018고단6748