(영문) 대전지방법원 2015.04.24 2014노2713 | 리걸엔진

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(영문) 대전지방법원 2015.04.24 2014노2713

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, such as the consistent statement of the victim and his upper part partic photo, etc., the defendant can be found to have inflicted an injury on the victim, and the defendant himself has made a statement that he had sealed the victim's chest, at least the crime of assault may be established, but the court below erred by misapprehending the facts, and thereby acquitted the defendant.

2. Determination

A. On July 4, 2013, at around 15:30 on July 4, 2013, the Defendant: (a) was driving a vehicle on the street in front of the Seo-gu Daejeon, Daejeon, that the victim E (the age of 53) walked in front and did not turn on the road; (b) took the victim’s neck by hand; (c) took the victim’s face and chest part by drinking the victim’s hand; (d) took the victim’s left part due to rain, she took the victim’s hair back the victim’s head, she took the victim’s head on his/her hand for 14 days; and (e) took the part of the victim’s hand and her hand, etc.

B. In light of the testimony of F of the witness E of the first instance trial, it is difficult to readily conclude that the Defendant inflicted an injury on the victim in the same manner as the facts charged, solely with the testimony of E of the witness of the first instance trial and the statement of injury examination by the witness of F of the first instance trial, and there

(On the other hand, in the process of passive resistance by the victim, the defendant recognized the victim's chests once as a son. However, in light of the testimony of the witness F of the first instance trial, it is difficult to readily conclude that the defendant had the intent to commit an injury to the defendant or that such an act contravenes social norms.

Judgment of the Court of Review

A. The lower court’s determination that the instant facts charged constitute a case where there was no proof of crime for the foregoing reasons is justifiable by comparing the record and closely examining.

B. Furthermore, in comparison with the facts charged, the facts charged are serious and the indictment is presented.

유사 판례

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