(영문) 서울중앙지방법원 2014.05.29 2013고정4439

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.05.29 2013고정4439

상해

Text

The defendant shall be innocent.

Reasons

1. At around 17:00 on June 22, 2013, the Defendant: (a) brought a dispute with the victim on the ground that the victim D (77 years of age, female) did not clean the water of the runway after the repair work of the hanok in front of the Defendant’s house located in Jongno-gu Seoul, Jongno-gu Seoul; (b) brought the victim into the floor by pushing the victim’s hand.

As a result, the defendant suffered an injury to the victim, which requires approximately seven weeks of medical treatment, to the left-hand pelkes.

2. The defendant and his defense counsel in the gist of the change of the defendant and his defense counsel did not leave the victim's body by hand, and they changed merely into the opening of the victim's body by putting the victim's body on his hand.

3. Comprehensively taking account of the evidence submitted by the Prosecutor, the fact that the victim received hospital treatment on June 22, 2013, which was the date of committing the crime indicated in the instant facts charged, is recognized.

Furthermore, the defendant assaults the victim, namely, whether the victim was dead by exercising active physical force against the body of the victim, or whether the victim was dead in the course of physical contact with the victim, such as the defendant's change in the defendant's complaint, but the victim's complaint, the police, and the legal statement are abundant.

First of all, even if D's legal statement is considered to be old, its statement is not believed to be consistent and old, because it is not consistent.

Next, I cannot believe that E (D) who did not witness the situation at the time actively participated in the D's statement, prepared and stated in D's statement.

Therefore, it is not sufficient to dismiss the defendant's defense only with the accusation, the police, and the statement in court, and to find the defendant guilty of the charge, and there is no other evidence to acknowledge it.

4. The instant facts charged constitute a case where there is no proof of crime.

유사 판례

-광주지방법원 2013.10.22 2013고정1074

-서울남부지방법원 2015.02.13 2014노894

-대전지방법원 2017.06.15 2016고합503

-부산지방법원 2013.04.05 2012노3635

-의정부지방법원 2015.12.01 2015노2607