(영문) 서울서부지방법원 2018.10.04 2017고단3588 (1)

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(영문) 서울서부지방법원 2018.10.04 2017고단3588 (1)

상해등

Text

The defendant shall be innocent.

Reasons

1. On August 29, 2017, at the front of Yongsan-gu Seoul Metropolitan Government, the Defendant: (a) laid spits in the victim C (in South and the age of 16) on the floor of Yongsan-gu; (b) brought about a dispute with the Defendant’s face; (c) laid down a stone on the floor of the Defendant’s body by breaking the oral string of the strings; (d) continuously put the victim D’s left hand to the victim D ( South, 17 years old); and (e) put the victim D’s spits that the number of days of treatment cannot be known to C; and (e) put the victim D into the upper end of the 5-day left part, which requires the victim D’s treatment for about four weeks.

2. In light of the following circumstances acknowledged by the record of judgment, the instant facts charged was proven without any reasonable doubt solely on the basis of the evidence submitted by the prosecutor, including the legal statement of C and D (which was prosecuted for a violation of the Punishment of Violences, etc. Act that jointly injured the Defendant at the time and place indicated in the facts charged, but was sent to the Juvenile Department on August 23, 2018).

It is difficult to see it.

A. C was at the price from the Defendant to the right part.

According to the standing photographs and diagnosis reports, C seems to have suffered the upper part of the right buck and the sect.

However, C made a statement from the Defendant to the effect that the left part of the buck is met with the right part.

It is not consistent with the statement, such as statement, and the facts charged before the change also at the left side of C, the defendant's price.

It is written (it does not seem to be a simple clerical error in light of all the circumstances, such as investigation records, etc.), and the defendant was facing the defendant's fault.

The pricing part of C's right brea seems to be natural strawing.

In addition, one C goes beyond the floor of the defendant's bridge at the investigative agency.

A statement is made that the defendant's bridge is not sufficient in this court.

참조조문

-폭력행위 등 처벌에 관한 법률

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