logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.10.25 2016노2587
상해
Text

Defendant

The appeal by the prosecutor is dismissed.

Reasons

The summary of the grounds for appeal is as follows: (a) the defendant misleads the victim of the fact (guilty part) only once, and there is no assault against the victim as recognized in the facts of the crime in the decision of the court below.

The judgment of the court below which acquitted the defendant on the charge of the crime of injury based on the evidence submitted by the prosecutor. The judgment below erred by misapprehending the legal principles as to the credibility of evidence, such as the probative value of the medical certificate of injury.

The judgment of the court below on the argument that the sentencing is erroneous shall be based on the evidence of each judgment, and the court below found the defendant guilty of assault.

On the other hand, the court below, based on the circumstances in its holding, proved the facts charged of the crime of injury without any reasonable doubt only by the evidence presented in this case.

It is difficult to see that there is a need to separately treat the wife suffered by Defendant’s assault, thereby impairing the completeness of the body of the victim, or changing the state of health in bad condition.

It is difficult to view it.

In light of the reasoning, the defendant was acquitted of injury.

In full view of the evidence duly admitted and examined in the original judgment, the facts constituting the crime in the original judgment are recognized, and the court below did not err by misapprehending the facts alleged by the defendant.

Therefore, the defendant's assertion of facts is without merit.

On the other hand, injury in the crime of injury means that it damages the completeness of the victim's body or interferes with physiological functions.

If there is no obstacle to daily life even without treatment, and if the degree of natural therapy can be naturally cured due to the passage of a trial date, the completeness of the human body or the poor state of health has been harmed thereby.

It is difficult to see it.

In light of these legal principles, the victim is a victim due to the assault by the defendant only with the evidence submitted by the prosecutor.

arrow