(영문) 수원지방법원 2015.10.30 2014노4489 | 리걸엔진

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(영문) 수원지방법원 2015.10.30 2014노4489

상해등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the crime No. 1, the victim D had already been treated by the right shoulder before the victim was assaulted by the defendant, and thus there is no causal relationship between the defendant's assault and the injury of the victim.

B. As to the charge of injuring the victim F in the crime No. 2, the defendant did not assault the above victim or injure the above victim as stated in the facts charged of this case.

2. Determination

A. On June 20, 2013, the summary of the facts charged under this part of the charges is as follows: (1) the Defendant tried to keep the victim out of the guard room with his/her shoulder and flab, and repeat his/her flab and flab, and repeats his/her flab, with his/her flab and flab, and repeated flab, with his/her flab, carried out the victim’s shoulder and flab, and carried out his/her flab at the entrance of the room. The victim resisted his/her flab with his/her flab and flab.

As a result, the defendant put the part of the back part of the back to the right shoulder, the treatment period of which cannot be known to the victim.

(2) The lower court found the Defendant guilty of this part of the facts charged in full view of the evidence as indicated in its judgment.

(3) The burden of proving the criminal facts prosecuted in a criminal trial for a trial for a trial at the trial at the trial court is the prosecutor, and the finding of guilt is based on the evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, there is no doubt of guilt against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decision 2001Do2823, Aug. 21, 2001). The above legal principles and the evidence duly examined and adopted by the original court and the trial court, and in particular, the victim submitted at the original trial.

참조판례

-대법원 2001. 8. 21. 선고 2001도2823 판결

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