(영문) 수원지방법원 2018.05.03 2017노6873 | 리걸엔진

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줄 간격

자간(%)

(영문) 수원지방법원 2018.05.03 2017노6873

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts: (a) the statement made by the victim is somewhat confused with the statement made by the defendant on the part of the body of the defendant; (b) the overall statement made by the victim is consistent; and (c) the fact that there was an assault against the victim against the victim's body even if the statement by the defendant

Therefore, it is recognized that the defendant has committed violence, such as the statement in the facts charged of this case, and has sustained injury to the victim.

Nevertheless, the court below acquitted the defendant, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The court below held that the victim's legal statement, which seems consistent with the facts charged of this case, was a assault like the facts charged of this case, is difficult to believe in light of the following: (a) the victim's interests conflict with the defendant in various family cases, such as divorce; (b) the victim refused to appear several times in the court below; and (c) the victim was willing to have an effect on the result of the trial through the right to refuse to testify; and (d) the testimony was made on the date of open trial after the closure of the pleading after clarifying his intention to testify; and (e) the investigative agency stated that "the defendant took less back the victim's back at his hand and taken back the victim's head at the kimchi air conditioning and Modle of kimchi", unlike the statement that "the defendant testified that "the defendant taken back the victim's back and taken the victim's head at his own seat and taken the victim's head at Kimchi and taken the victim's head at his own seat." The remaining evidence submitted by the prosecutor alone alone is insufficient to recognize that the defendant exceeded the victim's back by assaulting the victim as in the charges of this case.

In light of the above, the defendant was acquitted of assault.

B. Examining the reasoning of the judgment below in comparison with the records, the judgment of the court below is just and acceptable.

유사 판례

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-대구지방법원 2015.07.23 2014노3146

-서울북부지방법원 2019.02.01 2018노304

-수원지방법원 안산지원 2018.03.29 2017고단3081