(영문) 광주지방법원 2018.11.14 2017노1059 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.11.14 2017노1059

상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that there is no credibility in the victim’s statement, injury diagnosis certificate (F hospital), medical record register, etc., and the recording recording submitted by the victim is merely recorded in the process of arranging the relationship with the victim, and that there is no possibility that the victim was a hole in arms, mouth, etc. in the course of assaulting the defendant around March 2, 2016, etc., the charge of the part that the defendant injured the victim on February 18, 2016 was proved without reasonable doubt.

Although it cannot be seen, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of facts and legal principles.

B. On February 15, 2016, the lower court found the Defendant not guilty of this part of the facts charged, on the following grounds: (a) although the victim’s statement is specific and consistent with the victim’s statement as to the fact that the Defendant inflicted an injury on the left-hand part of the 20:00 period of medical treatment on or around February 15, 2016 on the part of the Defendant, the lower court erred by misapprehending the legal doctrine.

2. Determination

A. The lower court’s judgment 1) stated the victim’s statement as “Defendant” in light of the following: (a) the victim’s mistake of facts and legal doctrine; (b) the victim’s statement is specific, consistent; (c) consistent with the circumstances indicated in the remaining evidence; (d) the level and degree of spambling verified by damaged photographs; and (e) medical record injury treatment details

In addition to the assault of another person, such person has suffered such wounds for reasons other than the assault of another person

In light of the fact that it is difficult to see the above argument by the defendant on the ground that "the defendant suffered a wound by assault as stated in the facts constituting a crime," the victim's statement can be reliable, and the defendant's above argument is rejected, and the defendant guilty of this part of the facts charged.

2) The lower court and the first instance court determined on the above circumstances set forth by the lower court.

유사 판례

-대전고등법원 2018.06.01 2018노86

-대전지방법원 2016.08.17 2016노1407

-전주지방법원 2017.10.26 2016노1760

-수원지방법원 2016.07.20 2016노1618

-서울중앙지방법원 2017.02.09 2016노1142