(영문) 대구지방법원 2014.01.10 2013노2328 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2014.01.10 2013노2328

폭행치상

Text

The judgment below

The defendant's case shall be reversed.

The defendant shall be innocent.

Reasons

1. The gist of the grounds for appeal consistently states that the victim was closely aware of the fact that he/she was brupted by both descendants. However, even if the statement was somewhat inconsistent with the background leading up to the assault, the position beyond the limit, etc., if considering the age of the victim, such circumstance alone does not deny the credibility of the victim’s statement.

Nevertheless, the court below rejected the victim's statement without reasonable grounds and accepted the defendant's changing suit without credibility and acquitted the facts charged of this case. Thus, the court below erred in the misapprehension of the rules of evidence, which affected the conclusion of the judgment.

2. Ex officio determination

A. Before the public prosecutor’s judgment on the grounds for appeal, the public prosecutor ex officio examined the case, and the public prosecutor applied for changes to the indictment of this case as follows, and the case was changed by this court’s permission. Thus, the judgment of the court below was no longer maintained.

However, the prosecutor's assertion of mistake is still subject to the judgment of this court within the scope of the revised facts charged, and the following is examined.

B. On September 5, 2012, around 13:00 on September 13: 2012, the altered charge: (a) the Defendant closed the entrance due to the sound of the body that the victim C (n, the age of 82) kid around the D Apartment 104-dong elevator (the age of 82) around the elevator, leading the victim to the damage of the body of the victim, while paying for the costs of the entrance, by having the victim go beyond the floor due to defects in the quality of the article, and by having the victim go beyond the floor by hand, by having the victim go beyond the floor; and (b) making the victim go beyond the floor,

3. The following circumstances acknowledged by the lower court’s duly adopted and examined evidence regarding the prosecutor’s assertion of mistake of facts, namely, ① the victim himself/herself is unfolded by the investigative agency in two hands.

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