(영문) 광주지방법원 2019.02.14 2018노1942 | 리걸엔진

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자간(%)

(영문) 광주지방법원 2019.02.14 2018노1942

상해

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The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the grounds for appeal is without merit that the Defendant inflicted an injury on the victim C at the time of the instant case.

2. Determination

A. On July 20, 2017, the Defendant: (a) around 18:20, at the 1studio 1studio in Seo-gu, Seo-gu, Gwangju, the issue of returning the said studio (the age of 71) and the studio deposit; (b) the Defendant was in dispute with the victim’s chest one time with the hand floor; (c) the victim’s chest was tight; and (d) the victim’s chest was tightly pushed the victim’s chest due to the victim’s defect and defect; and (d) the Defendant continued to have dispute before the victim and the studio door.

As a drinking, the victim's chest was pushed together with the victim's chest, and the victim was fluored with the treatment days' plebing of the plestroke.

B. The lower court determined that the Defendant was aware of the injury to the victim according to the evidence, such as the victim and witness DNA’s respective legal statements, and each of the above statements.

C. 1) The finding of guilt in a criminal trial ought to be based on evidence with probative value, to the extent that there is no reasonable doubt as a judge that the facts charged are true, and if there is no evidence to establish such a degree of conviction, even if there is no doubt as to the defendant’s guilt, it is inevitable to determine it as the benefit of the defendant (see, e.g., Supreme Court Decision 2008Do10096, Jun. 25, 2009). Meanwhile, an injury in the crime of bodily injury means that it causes damage to the completeness or physiological function of the victim.

In a case where there is extremely minor circumstance accompanied by a assault, and there is no assault, it is an ordinary situation or inconvenience that may occur in daily life even if there is no assault, and where there is no need for treatment, it is naturally cured and there is no hindrance in daily life, it cannot be said that the crime of injury is injured.

And the completeness of the victim's body.

유사 판례

-광주지방법원 2018.01.11 2016고단5646

-서울중앙지방법원 2017.07.20 2017노577

-부산지방법원 2017.10.13 2017노924

-대전지방법원 2017.08.24 2017노404

-서울동부지방법원 2018.08.16 2017노1898 (1)