logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.08.11 2016노105
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of the judgment of the court below that found the Defendant guilty of the facts charged, even though the Defendant did not cause the Victim B and C together with the facts charged, which affected the conclusion of the judgment.

2. The following circumstances, which can be acknowledged by the court below by comprehensively taking account of the various evidence duly admitted and investigated, that is, ① the victim has relatively consistent and concretely stated from the investigative agency to the court below regarding the defendant B and C’s method and background of assault, and the circumstances before and after the crime; ② the victim suffered the injury from others even when receiving medical treatment from the hospital following the day of this case.

On September 16, 2013, the victim's injury appears to have been revealed (the victim's injury diagnosis document attached to the complaint is stated as "the award by another person in his/her own statement" on September 16, 2013), the victim's injury also conforms to the victim's statement and degree of damage. ③ The victim's injury was in the scene of crime.

N orO witnessed the victim's unilaterally by putting the arms of the victim from the investigative agency to the court of the court below, putting the victim's head, putting the victim's head, putting the victim's head, etc.

In light of the fact that the N consistently states that the aforementioned statements are made in a neutral and objective position of witness who has no relationship with the victim, and thus, the credibility seems to be high, the facts charged that the defendant inflicted bodily injury on the victim jointly with B and C can be sufficiently found to be guilty.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow