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(영문) 서울고등법원 2016.09.08 2016노1855
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Even though the court below found the defendant guilty of the facts charged according to the evidence, such as the victim C’s testimony in the summary of the grounds for appeal, the court below found the defendant not guilty.

2. Determination

A. On September 15, 2015, at around 23:45, the Defendant, on the ground that C was sleeped on the front side of Yangcheon-gu Seoul Metropolitan Government D, thereby causing injury to C, such as the front side of the head, the heat, etc. requiring approximately two weeks of treatment.

B. C’s testimony that seems to correspond to the above facts charged in the judgment of the court below is not reliable, and the police officer’s testimony that the defendant tolds that the defendant would know about the harm on the spot is inadmissible, and there is no other evidence to acknowledge the facts charged, and therefore, the facts charged in the instant case constitutes a case where there is no evidence to prove

C. (1) On the written statement prepared on the day of the instant case, C stated that “the Defendant was aware of her head on the wall,” and that “the hospital visited to treat the next day was an assaulted due to the wall,” and written in the court below’s application for compensation order that “the Defendant was injured by the Defendant’s son who caused injury” while applying for compensation order to the court below, and changed the Defendant’s statement as to the Defendant’s act in the court below’s appearance as “the Defendant was faced with the wall of the Defendant who caused the son who caused the wall,” or “the Defendant was able to use the hand ice liner in a miscellaneous state.”

In addition, the following circumstances revealed by the evidence duly adopted and examined by the court below, namely, that the defendant is not free from her ability due to brain-diseases, that the injured party C suffered seems to have occurred due to the defendant's fault, and that C is only 11 million won.

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