(영문) 서울북부지방법원 2017.03.21 2016노2637

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(영문) 서울북부지방법원 2017.03.21 2016노2637

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) is erroneous in the lower judgment that found the Defendant guilty, even though the Defendant had not inflicted an injury as stated in the facts charged, thereby adversely affecting the conclusion of the judgment.

2. On April 10, 2015, the Defendant: (a) around 03:10, around 2015, 17, along with the village in Seongbuk-gu Seoul, boarded the victim C(47 tax) operating a D business taxi in front of the Yongsan High School (49, the victim was able to take a bath to the victim on the ground that he was able to drive the 49-way; and (b) the victim was able to take care of the victim; (c) on the other hand, the victim was able to take care of the victim; (d) the victim was able to take care of the victim’s face on one occasion due to the defect that the victim was about to take care of, and attempted to take care of, the 8-day medical treatment; and (d) the victim was fluened with the victim going beyond a re-populated with the victim who tried to take care of the 8-day medical treatment.

3. Determination

A. The lower court found the instant facts charged by comprehensively taking account of the evidence as indicated in its reasoning.

B. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant may be found to have found the victim’s face at the time of the date and time indicated in the instant facts charged, but it is difficult to recognize the fact that the Defendant inflicted bodily injury on the victim as stated in the facts charged by harming the victim beyond the victim.

2) The part of the assault ① From the investigation stage to this court, the victim was examined as follows: (a) “The Defendant was able to take a bath and get off the taxi to him; and (b) the Defendant was able to write off the taxi before the Defendant, making it clear that he would go beyond the Defendant; and (c) the Defendant was able to take his face once a week.

“A consistent statement is made to the effect that it is “,” and ② is recorded in the field CD at the instant site.

유사 판례

-서울북부지방법원 2016.11.24 2015고정2306

-부산지방법원 2014.10.15 2014고단6326

-대전지방법원 2013.06.28 2013고정409

-서울남부지방법원 2014.06.10 2014고정1411

-인천지방법원 부천지원 2018.02.08 2017고정1117