(영문) 부산지방법원 2014.04.18 2013노3751 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.04.18 2013노3751

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is consistent from the investigative agency to the original trial. The defendant consistently admitted the upper part of the steel gate to the defendant, thereby making a statement that the lower part of the steel gate was knee and contacted with his knee. The consistent statement of this D is credibility.

Also, D’s statement is credibility even in light of the following: (a) the Defendant reported in 112 that the Defendant her gate was sealed by the Defendant; (b) the Defendant and D stated that all police officers dispatched upon the above report were assaulted by each other; (c) D was a summary indictment on the ground that the Defendant abused the Defendant; and (d) the Defendant’s lower part of the steel gate’s upper part of the steel gate was just directed towards the Defendant, and (c) it is natural for the lower part of the steel gate to D.

On the other hand, since police officers dispatched to the site did not properly examine the status of D's bridge, it is not possible to determine the credibility of D's statement based on the testimony of the above police officers.

Nevertheless, the court below found the defendant not guilty on the ground that it did not believe D's statement, and that police officers dispatched to the site failed to discover D's superior status, etc., and thus, it failed to prove the facts charged. The court below erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. Around 22:00 on October 12, 2012, the summary of the facts charged in the instant case: (a) the Defendant: (b) the Defendant: (c) the Defendant: (a) committed assault to D around the Geum-gu Busan Fransh parking lot to prevent the entrance of the parking lot with the iron gate; (b) caused knee to knee kne kne kne kne kne kne kne kne kne kne knes; and (c) kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne, which requires approximately two weeks’ treatment.

3. The judgment of the court below

A. The instant case.

유사 판례

-부산지방법원 2013.11.07 2013고정1865

-서울남부지방법원 2018.07.20 2018고단1454

-서울중앙지방법원 2019.07.18 2019노536

-의정부지방법원 2015.01.15 2014고정345

-대구지방법원 김천지원 2018.12.20 2018고단817