logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.02.02 2017노3797
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below rejected the credibility of the statement made by the victim D at the investigative agency to the effect that it conforms to the facts charged in this case, and found the defendant not guilty.

2. The lower court, based on the evidence duly admitted and examined by the lower court, found the following circumstances: (i) the Defendant was a person serving as the Defendant.

F and G made a statement to the effect that at the time the Defendant was not aware of the victim’s head debt collection, or that there was no obvious motive or circumstance to give testimony to the victim disadvantageously because they were in a pro-friendly relationship with the victim, etc. In light of the fact that there is no clear motive or circumstance to give testimony to the victim, the statement by other victim is difficult to be reliable. ② The victim cannot visit the hospital again other than the hospital issued by the hospital after the occurrence of the instant case, or find out any trace of the treatment for the part above, the evidence submitted by the prosecutor alone was proven to the extent that there is no reasonable doubt that the Defendant was injured.

The court determined that it could not be seen.

The judgment below

Examining the text closely and closely by comparing it with the record, the statement of F and G in the court of original instance as a witness and stated to the effect that it conforms to the defendant's defense may be reliable. In the same purport, there is no circumstance to see that the above witness's testimony was conducted, and that the judgment of the court below rejecting the victim's statement was remarkably unfair.

Therefore, the judgment of the court below is not unlawful as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

arrow