logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.09.13 2018노2158
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the contents and background of the reversal of C’s statement on the grounds of appeal, D’s statement of damage, F’s statement of witness, etc., the judgment of the court below which acquitted the Defendant of the injury as stated in the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

2. Determination

A. The lower court found the Defendant not guilty on the ground that it is difficult to believe that the statements of C and D were made for the following reasons, and that F’s statements were not reliable in the statements of C and D, so long as they were not reliable, it is difficult to believe them as they are on the same grounds, and even if combined with the remaining evidences, it is insufficient to recognize the facts charged, and there is no other evidence to acknowledge them.

(1) C has sustained an injury from the defendant.

After submitting a written complaint, it was reconcepted that the victim suffered injury by reconcing D with D.

The statements have been reversed, and the court of the original instance has re-writtenly reversed them, thereby suffering bodily injury from the defendant.

It is not reliable to make a statement.

② On the day of the instant case, around 03:02, at C’s phone call, the Defendant’s cell phone message was sent to Kakao Stockholm. In light of the fact that C had different contents from D and D and sought advice, it is reasonable that there was an injury between C and D, in light of the fact that C had different contents.

As to this, C stated to the effect that the Defendant prepared the above message using C's mobile phone phone and sent it to the Defendant. However, at the time, C was in the park as stated in the facts charged and held in the Defendant's house in the Defendant's room, and the Defendant sent C's message using his/her mobile phone that he/she left C with his/her own house, and that C sent the message using his/her mobile phone, while the Defendant sent C's message.

arrow