(영문) 대구지방법원 2012.09.21 2012노2303 | 리걸엔진

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(영문) 대구지방법원 2012.09.21 2012노2303

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that convicted the Defendant of the facts charged of this case even though the Defendant did not appear at the scene of the crime as stated in the facts charged of this case was erroneous, which affected the conclusion of the judgment.

B. The four-month imprisonment sentenced by the lower court is too unreasonable and unfair.

2. Determination

A. 1) The lower court acknowledged D's legal statement and police statement of the lower court, and the credibility of the E's legal statement of the lower court, and rejected G's credibility of the testimony of the lower court to convicted the Defendant of the facts charged in the instant case by rejecting the credibility of G's legal statement of the lower court. The following circumstances acknowledged by the evidence duly examined and adopted by the lower court are as follows: (i) the Defendant stated from the investigative agency to the court of the lower court that he did not appear at the scene of the instant case, and (ii) the Defendant was flick at the time of the instant facts charged in the instant case, consistent with the evidence duly admitted by the lower court, from the investigation agency to the court of the lower court; (iii) while the investigative agency stated that he was flick at the time of the instant facts charged in the instant case, the Defendant did not have made a statement by stating that he was flick at the time of the examination of the witness on the date of the instant facts charged; and (iv) the Defendant asked the police officer to question whether he was a person proving the Defendant'

(See Article 24 of the Investigation Records). (2) The Defendant asked at the police station questions to the effect that the Defendant was satisfing the Defendant at the time of assaulting the Defendant, and asked at the time of assaulting the Defendant, “I do not have any place at that time. I do not have any place at that time.” (See Article 22 of the Investigation Records, see, e.g., the date indicated in the facts charged in the instant case, and ③ G statements to the effect that the Defendant was at that site

유사 판례

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