logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.08.22 2013노1701
상해
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that the Defendant is a resident of the Dongjak-gu Seoul Metropolitan Government D Apartment 105 Dong 606, and the victim E (the age of 43) was a resident of the above apartment-story 706, the upper floor of the apartment-story.

On June 22, 2012, around 08:00, the Defendant was getting on and off the elevator of the above apartment, and brought the case to the victim on the six floor. The Defendant reported that the victim was following it, and turned down the victim’s chest by hand.

As a result, the defendant suffered injury to the victim, such as inception, which requires about 14 days of treatment.

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

2. At the time of the summary of the grounds for appeal, there is no fact that the victim, who intending to get off from the elevator, resisted the defendant, and resisted the victim, was forced to sit on his/her own, and the defendant did so.

3. In light of the following circumstances, in view of the evidence duly adopted and examined by the court below and the court below, it is difficult to readily conclude that the Defendant, as stated in the facts charged of this case, destroyed the victim’s chest without reasonable doubt, and there is no other evidence to acknowledge otherwise.

Therefore, although the facts charged in this case constitute a case where there is no proof of crime, the judgment of the court below which found the defendant guilty on a different premise is erroneous, which affected the conclusion of the judgment.

The Defendant consistently stated from the investigative agency to the trial of the party, that he does not have any civil fact against himself, and that he is too sound.

B. The victim is at the investigative agency, the court below, and the court of appeal.

arrow