(영문) 부산지방법원 2015.11.13 2015노2709 | 리걸엔진

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(영문) 부산지방법원 2015.11.13 2015노2709

상해

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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal is that the defendant did not inflict any injury on the defendant, since he did not know the victim as stated in the facts constituting the crime in the judgment below.

2. Determination

A. On September 24, 2014, around 21:30 on September 24, 2014, the Defendant, without any justifiable reason, sustained an injury in need of medical treatment for approximately 21 days as well as for approximately 21 days, with the victim E’s chest located in Busan Dong-gu, Busan.

B. The lower court found the Defendant guilty of the aforementioned facts charged in full view of the admitted evidence.

C. 1) The victim’s statement is difficult to believe in light of the following circumstances, which are acknowledged by the evidence duly adopted and examined by the lower court and the lower court, based on the written complaint prepared by the victim, the written statement prepared by the senior judicial police officer, the victim’s legal statement, the injury diagnosis statement as a witness of the lower court, and the witness F’s legal statement in the lower court.

① The victim, at the time of the first investigation by the police, was seated in a sofa, and the Defendant saw the Baduk while taking the bruth and bathal, was fath in a sofath, and the Defendant bathed with the fath of the fath, without any circumstance, that he was faced with the fath of the things.

② Since then, the victim appeared as a witness in the court of the court below, and stated that he was the defendant after his fishing vessel, if the defendant was pushed down.

③ Although the victim stated that he was at the right side of his own right side, according to the photograph of the scene of the instant crime (see No. 1-4, No. 1-1, No. 61, and No. 62 of the trial record), the right box is located on the left side of the victim.

(4) The defendant was pushed the victim in light of the separation distance between the sofes and things that the victim was seated.

유사 판례

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