(영문) 대구지방법원 2015.10.30 2014노4345 | 리걸엔진

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(영문) 대구지방법원 2015.10.30 2014노4345

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. In full view of the evidence presented by the prosecutor in the grounds of appeal, the court below acquitted the victim of the violation of the Punishment of Violences, etc. Act (a crime of injury by group, deadly weapon, etc.) among the facts charged in this case, even though the defendant was fully aware of the injury inflicted on the victim by carrying a dangerous object, it erred in the misapprehension of facts, which affected

2. Determination:

A. The lower court determined that: (a) in light of the following: (a) the victim’s testimony at the investigative agency and the lower court’s trial did not fit the witness’s testimony; (b) the victim’s oral statement is not reliable; and (c) the Defendant’s appearance does not reveal the victim’s face in appearance immediately after the instant case, even though it is obvious that the victim’s appearance was evident, among this part of the facts charged, the Defendant could not be deemed to have sufficiently proven the part of the facts charged; and (b) the Defendant did not clearly indicate that the victim used the victim’s face when the victim made the initial police statement; and (c) even in the court of the lower court, the fact that the victim took the victim’s face at the time of the victim’s initial police statement; and (d) in light of the fact that the Defendant stated the face of the victim after the Defendant’s consistent s/he was aware of the victim’s face, the lower court found the Defendant not guilty of this part of the facts charged on the ground that this part of the facts charged was insufficient.

B. However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, it is difficult to accept the said judgment by the lower court.

① The victim reported the fact of damage to the police immediately after the occurrence of the instant case.

참조조문

-폭력행위 등 처벌에 관한 법률

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