logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.11.23 2012노3289
과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error, the misapprehension of the legal principle) is that the victim and the victim are not the defendant, and the victim had no possibility of predicting the 12 weeks injury to the defendant.

2. Determination

A. Regarding the identity of the victim, the victim stated at an investigative agency to the effect that "the defendant, who was drunk and drunk, was faced with the victim, was in excess of the ground floor by sticking his shoulder in his arms until the court below held the court below, and the defendant was unable to avoid the same string, and the defendant suffered bodily injury as stated in its reasoning. At the time, F, which is the defendant's day-to-day behavior, was far away from the defendant." It seems to be reliable in light of the fact that the statement is generally consistent, and that there is no reason to make a false statement as the defendant even though he was the person who was faced with the victim, the witness E, who was walking along with the victim, was in the way of the victim, and the investigative agency to the court below, "the defendant, who was under the influence of alcohol, was faced with the victim with the victim, was in excess of the ground floor, and the F, at the time, was in front of the defendant and the victim, and there seems to be consistent with the credibility of the statement."

3. The Defendant tried to leave the site immediately after the instant case, and failed to leave the site to the removal of a staff member of the GJ in the vicinity of E, but eventually, went away from the site to the alley of his own house. The Defendant asserted that he left the site to the alley of his own house and went away from the site to the alley of his own house. However, while the Defendant argued that he was absent from the site of his superior, the Defendant did not take care of the situation along with the daily F in the situation where the victim complained of suffering from the pain, and leaving the site is considerably exceptional, this is.

arrow