(영문) 창원지방법원 2020.11.12 2020노658 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2020.11.12 2020노658

폭행치상

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts and misapprehension of legal principles did not smuggling part of the victim C's chest.

Even if the defendant was pushed the victim, this constitutes a legitimate act.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. The summary of the facts charged 1) On February 22, 2019, at around 16:25, the Defendant: (a) committed assault and injury to the victim by assaulting the victim, i.e., assaulting that the victim C (the age of 66) driven a drinking driver on the front of the house located in Jinsung-gun, Jinnam-gun; (b) reported the fact that the victim C (the age of 66) driven a drinking driver to the police; and (c) thought the victim and D were waiting for a police officer, and then the victim were able to walk up the victim’s clothes on the chest part of the victim’s chest, she got injured by the victim, such as the victim’s walking the victim’s clothes and tension, which require approximately two weeks of treatment. (b) On the same date and at the same place as indicated in the foregoing, the Defendant suffered injury to the victim, i.e., the victim continued to be able to board the victim’s own vehicle in front of the victim’s clothes.

B. The lower court found the Defendant guilty of the facts charged in the instant case on the ground that each of the statements made by the victim C and D, which correspond to the facts charged in the instant case, could be reliable, while the F and the Defendant’s respective statements were not reliable.

C. The Defendant: (a) the Defendant and the Victim C were engaged in a dubbling and dubling with one another; (b) the victim C was in line with the dubbbling and dubing the dubing and dubing the Victim C, and the victim C was in line with the facts charged. The evidence consistent with the facts charged in the instant case is due to the victim’s statement.

According to the evidence submitted in this case, the victims' statements are made.

유사 판례

-서울북부지방법원 2018.01.25 2017고정1282

-수원지방법원 2019.01.18 2017고단8127

-울산지방법원 2016.11.11 2016노758

-대구지방법원 김천지원 2014.06.25 2014고정93

-울산지방법원 2016.05.20 2016노16