(영문) 제주지방법원 2015.10.08 2015노99 | 리걸엔진

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(영문) 제주지방법원 2015.10.08 2015노99

폭력행위등처벌에관한법률위반(공동상해)

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The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is that A, at the time of appeal, will be removed from the victim, so, even though I attempted to help and help the victim, U.S., who was next to it, puts the defendant, and eventually, I only observe fighting and do not take or take part in the victim's strike.

Nevertheless, the judgment of the court below which pronounced guilty against the defendant is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the charge against the Defendant is as follows: (a) around 03:00 on August 18, 2012, the Defendant was under the influence of “I pharmacy” in Jeju-si; (b) under the influence of alcohol, the Defendant was under the influence of alcohol between the victim J (46 years old) and C, i.e., “the Defendant was under the influence of alcohol due to a sprinking of a sprink, hyping of a spak, and hyping of the nation and the nation, hyping of a spak; (c) the victim was under the control of C, C, D, and C; and (d) the victim was under the control of C, D, and the victim’s face when drinking the victim’s face, and then the victim was removed from the victim or followed the body of the victim several times.

As a result, the Defendant, together with A, C, and D, inflicted injury on the victim, such as the left-hand satisfaction of the victim in need of approximately 10 weeks of treatment.

B. The court below found the defendant guilty of the above facts charged after compiling the evidence in its judgment.

C. (1) In a criminal trial, the finding of a criminal facts should be based on strict evidence with probative value, which makes the judge feel true beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the degree of having the above conviction, even if the defendant’s assertion or defense is contradictory or unreasonable, and there is a suspicion of guilt, such as the defendant’s non-defluence.

유사 판례

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