logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2016.12.08 2016노368
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal has consistently stated the facts of damage, and there is no clear circumstance to reject the credibility of the victim’s statement, and there is credibility in the victim’s statement, such as the victim’s statement of injury to his wife and the victim’s statement are consistent. Accordingly, the facts charged in this case may be found guilty.

Nevertheless, the court below acquitted the charged facts of this case by misunderstanding the facts.

2. On October 14, 2015, the summary of the facts charged in the instant case is as follows: (a) around 02:10 on October 14, 2015, the Defendant was driving the said vehicle while under the influence of alcohol of 0.105%, by making it possible for the Defendant to take advantage of the shoulder and face of the victim D who is operating a vehicle owned by the Defendant on the front of the F apartment in Gwangju Northern-gu, Gwangju, for about two weeks; (b) by taking into account the shoulder and face of the victim D, the Defendant suffered bodily injury

In full view of the circumstances acknowledged by the lower court, the lower court acquitted the victim on the ground that it is difficult to believe the victim’s statement, the only direct evidence consistent with the facts charged, and the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged.

In criminal trial proceedings conducted in the form of a participatory trial conducted in order to enhance the democratic legitimacy and trust of the judiciary, the collective opinion presented to the full bench on the recognition of facts by a juror composed of citizens, through strict selection procedures, is a recommended effect to assist the judgment of the judge of the fact-finding court who has the exclusive right to the preparation of evidence and fact-finding under the substantial direct trial principle and the court-oriented trial principle. Accordingly, the verdict of innocence issued by unanimous decision on the admission of evidence, such as the credibility of the witness's statement, after the jury participated together in the whole process of fact-finding such as examination of witness, is an examination of the full bench.

arrow