(영문) 서울서부지방법원 2015.12.17 2015노1523

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(영문) 서울서부지방법원 2015.12.17 2015노1523

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding) victim E and witness F are highly reliable by specifically stating the situation immediately after the case was investigated at the investigation stage.

Therefore, according to each of the above statements, although it can be sufficiently recognized that the defendant inflicted bodily injury on the victim as stated in the facts charged, the judgment of the court below which acquitted the victim.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) around 20:00 on July 13, 2014, in front of the “D” house in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) the victim E (the age of 41) who is a member of the same mountain club as the Defendant was drinking to the Defendant; (c) on the ground that the Defendant was drinking to the Defendant; (d) on the hand floor of the victim’s left side, one time when the victim’s bombed with the victim’s seat, the Defendant dump and tensioned the said victim in need of approximately two weeks of treatment

B. The judgment of the court below is not consistent with the facts charged by the court below on the following grounds: (a) the victim E and witness E have a written diagnosis, etc. as evidence consistent with the facts charged; and (b) the police made a statement that “the defendant tried to get a taxi in the influence of alcohol; (c) the defendant was seated away from the head of the fake, but the defendant was seated away from the defendant; (d) the defendant was seated away from the head of the front side of the fake; (e) the defendant was her seated with the head of the Simp, her seated with the head of the Simp; and (e) the defendant was her seated with the head of the Simpher, and went out of the court; and (e) the statement at the court of the court below is not consistent with the facts charged, and thus it is difficult for the court below to believe the victim’s statement as it is as it is; and (e) the court below made a statement that the defendant submitted the same evidence to the police or statement.”

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