(영문) 수원지방법원 2016.05.19 2015노5733 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2016.05.19 2015노5733

상해

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the victim C’s statement that the defendant was found to have his head at the time of committing the instant crime, and the statement in the medical certificate of injury corresponding thereto, the court below acquitted the defendant of the injury among the facts charged in the instant case, even though it can be found that the defendant abused the victim and inflicted an injury on the 14 days in light of the crypumum, tension, etc. requiring medical treatment, the court below acquitted the defendant of the injury.

B. The sentence that the court below rendered unfair sentencing (one hundred thousand won in 500,000 won) is too unhued and unfair.

2. Determination

A. On August 29, 2014, the Defendant: (a) discovered the victim in the instant company, which is located in the Geum River Station of the Yasan-dong, 1352, Yasan-si, Yasan-si, Yasan-si, 1352 on August 29, 2014; (b) found the victim at his/her hand and her seated the victim’s breath; and (c) caused the victim’s injury, such as dump, tensions, and tensions, which require treatment for about 14 days.

2) The lower court found the Defendant not guilty of the injury among the facts charged of the instant case on the grounds that it is difficult to believe that the statement of the victim C, as seen in the above facts charged, is difficult to believe in light of witness D’s statement, etc., and that the statement of the victim’s injury diagnosis was based on the victim’s statement, and thus it is difficult to use

3) According to the victim C’s investigative agency and the court below’s written diagnosis of injury to the victim, each of the statements and written diagnosis of injury to the victim at the time of the crime of this case, there is doubt as to whether the Defendant, at the time of the crime of this case, did not incur an injury to the victim, by putting the victim’s head fat, bating the victim’s head fat, thereby causing the victim to suffer an injury, such as catum and tension.

However, the prosecutor bears the burden of proving the facts charged in the criminal trial.

유사 판례

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