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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2017.08.16 2016노4099
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the Defendant (the judgment of the court below as to the guilty portion) 1, the Defendant did not assault the victim, and each of the statements of the victim, U, and V cannot be reliable with false statements, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts.

2) As to intimidation against the victim G, there was no fact that the Defendant threatened the victim, and there was no content as indicated in this part of the facts charged in the recorded CD submitted by the victim, and the victim did not undergo intimidation from the Defendant in the court of the original instance.

Notwithstanding the fact that the statement made by the victim is not reliable, the judgment of the court below that found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts.

3) With respect to intimidation against the victim H, there was no fact that the Defendant threatened the victim, and there was no recording CD or record on two occasions among the five-time intimidation charges in this part, and there was no content as stated in this part of the facts charged, and the recorded CDs submitted by the victim do not have the same content as indicated in this part of the facts charged, and despite the lack of consistency between the investigation agency of the victim and the court below, the court below found the Defendant guilty of this part of the facts charged.

나. 검사 1) 원심판결 중 무죄 부분에 대한 사실 오인 주장 가) 상해의 점에 관하여 ① 피해자는 경찰에서부터 원심 법정에 이르기까지 ‘ 피고인이 손으로 얼굴을 수차례 때렸고 양손으로 가슴을 세게 밀어 길바닥에 머리를 심하게 부딪히고 엉덩방아를 찧어서 넘어졌다, 온몸과 머리가 너무 아파 병원에서 진료를 받고 입원 치료를 받았다’ 고 일관되게 진술한 점, ② U과 V은 피해 자의 위 진술내용에 부합하는 진술을 한 점, ③ 112 순찰차 일지에 ‘ 피고인과 피해자가 서로...

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