(영문) 창원지방법원 2014.01.17 2012노879 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.01.17 2012노879

상해

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case and the judgment of the court below

A. On September 17, 201, the Defendant: (a) around 21:00 on September 17, 201, at the Doel 508 located in Jinju-si, Jinju-si (the age of 49) complained against the Defendant’s past personnel expenses; (b) the Defendant raised a complaint on the Defendant’s left chest part of the Defendant’s chest; and (c) took one time against the Defendant, the Defendant sustained the Defendant’s injury at a level of 1/4 of the flusium, which requires the Defendant to provide seven-day medical treatment.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of each of the evidence in the judgment of the lower court.

2. The summary of the grounds for appeal (the factual error) does not constitute an injury inflicted upon the Defendant as stated in the facts charged, on the grounds that the Defendant’s act did not constitute an injury to the Defendant as stated in the facts charged.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

3. Judgment of the court below

A. As evidence that seems to correspond to the facts charged in the instant case, there are some statements made by the Defendant in the court of original instance, statements made by E in an investigative agency and court of original instance, and an injury diagnosis report on E.

However, in light of the following circumstances acknowledged in the record, each of the above evidence alone is insufficient to recognize that the defendant suffered a bodily injury from E, and there is no other evidence to acknowledge that the defendant suffered a bodily injury from E.

(1) The Defendant denied the charges by consistently making a statement at an investigative agency, the lower court, and the first instance court that “it was unilaterally assaulted to E, and there was no fact of receiving E by head.”

(2) At the second interrogation of the police, E made a statement to the effect that “the Defendant suffered bodily injury by putting fats upon fats themselves (E) and fats upon fats” at the court of the court below.

(Evidence Records No. 27, 30 pages, 32 pages of the trial records), however,

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