(영문) 서울북부지방법원 2016.10.20 2016노835

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(영문) 서울북부지방법원 2016.10.20 2016노835

폭행치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) in light of the fact that the Defendant had already led the victim and the victim to a franchi at the time of the instant case prior to viewing by reproducing CCTV videos in the interrogation of the suspect, and that there is no special contradiction between the witness E and F’s statement and CCTV video contents; and (b) in light of the above evidence, the Defendant may sufficiently recognize that the Defendant committed the crime of causing violence, such as the description of the facts charged, as described in the facts charged.

Nevertheless, the court below acquitted the charged facts of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Around 20:00 on July 11, 2015, the summary of the facts charged in the instant case: (a) the victim d(64 years of age) and visioned on the front road of Dongdaemun-gu Seoul Metropolitan Government; and (b) the victim d(64 years of age); (c) the Defendant dumped the Defendant’s bomb; and (d) caused the victim to go beyond the victim, thereby making the victim go against the concrete bottom

As a result, the defendant suffered from the victim's shocking dystrophrosiss on both sides of the number of days of treatment due to the shock.

3. The judgment of the court below is based on the following circumstances acknowledged by the police statement of E and F as well as the reproduction of CCTV video scam, on the ground that witnesses witness only the situation of the defendant's fating immediately before and after the victim went beyond, and did not correctly witness how the victim was the victim. The CCTV images only come out of the part of the victim and the defendant's body, and the head of the defendant's exercise of force on the part of the victim was not discovered, and there is no other evidence to prove that the defendant got out of the victim's body, and there is no other evidence to prove that the defendant got out of the victim's body.

참조조문

-형사소송법 제325조

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