logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.08.23 2013노252
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 grounds for appeal;

A. The judgment of the court below which convicted the defendant of the facts charged in this case is erroneous or erroneous in the misapprehension of legal principles as to the burden of proof in the criminal trial, although the defendant did not contain the F's chest by hand, and he did not have her her butt her butt her butt her.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. The summary of the facts charged is a punishment against the Defendant on July 30, 2012, on the ground that around 12:00, the Defendant: (a) around July 30, 2012, F, who operates the Defendant’s operation in Yeongdeungpo-gu Seoul Metropolitan Government, with the trade name “E,” immediately next to that of “E,” he/she: (b) he/she he/she he/she was not

F's chest was pushed up to the knife with her hand, and her traw, which requires treatment for about two weeks, to F.

3. Determination

A. First, there are evidence that correspond to the facts charged in the instant case: ① the police statement with F, F’s statement among the police interrogation protocol against the Defendant, F’s witness F’s statement among the police interrogation protocol against the Defendant, ② the legal statement of the witness G of the lower court, ③ diagnosis statement, etc. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the statement of the witness of the lower court, the above evidence, which corresponds to the facts charged in the instant case, is difficult to believe as it is, and the evidence submitted by the prosecutor is insufficient to recognize

⑴ 피고인은 경찰 조사부터 당심 법정에 이르기까지 일관되게 F을 폭행한 사실이 없고 F이 비가 내린 노면에 미끄러져 스스로 엉덩방아를 찧었을 뿐이라고 진술하고 있고, 사건 당일 최초 경찰 조사에서도 F이 운영하는 E에 씨씨티브이(CCTV)가 있으니 이를 확인해 줄 것을 요청하는 등 자신의 억울함을 주장하며 경찰이 객관적 증거를 수집할 수 있도록 적극적인 자세를...

arrow