(영문) 수원지방법원 2017.11.24 2017노6512 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 수원지방법원 2017.11.24 2017노6512

과실치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court acquitted the Defendant of the primary facts charged that the Defendant had the victim’s face by having the victim go beyond the floor by hand. The lower court acquitted him of the primary facts charged.

However, the victim suffered bodily injury because the defendant had the right side of the victim sealed his/her face and thereby suffered bodily injury.

consistently and specifically stated, and the number of medical treatment days of the injury diagnosis document, which is an objective evidentiary material, and the injury injury side also conforms to the victim's statement.

According to the victim's statement, etc., the court below found the defendant guilty of this part of the facts charged, but found the defendant not guilty, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court (2 million won in penalty) is too unfluent and unfair.

2. Determination

A. On January 12, 2016, around 19:00, the main point of the facts charged was the victim E (the age of 84) who had a dispute with noise between the floor in front of the Sung-nam-gu, Sungnam-si, the Defendant’s residence, and the Defendant’s front letter of the Defendant’s residence at several times and the Defendant’s front letter of the entrance, and the victim’s face was pushed over by hand, thereby causing the victim to suffer injury, such as light flaging the left side of 12 weeks in need of the medical care.

2) The lower court determined that the victim’s statement is sufficiently reliable in light of the following circumstances revealed in the record, in fact, that the victim’s statement is the only evidence that conforms to this part of the facts charged.

It is difficult to view the remainder of the facts charged by the prosecutor as proven without any reasonable doubt, and on the ground that the remainder of the facts charged is insufficient to recognize as proven without any reasonable doubt, it shall be judged not guilty on the grounds of the injury.

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