(영문) 대구지방법원 2016.02.05 2014노3622 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2016.02.05 2014노3622

폭력행위등처벌에관한법률위반(공동상해)

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The victim F’s statement that the defendants suffered assault from the defendants due to the summary of the grounds for appeal is consistent in full view of the victim F’s statement, and the defendants’-friendly witness G witness G of the court below is not reliable. In light of the fact that the defendants’ statement of the defendant-friendly arrest witness G of the court below is not reliable, the court below found the defendants jointly and sufficiently recognized the facts of the case that the defendants injured the victim about about 4 weeks of the right, and the part part of the body frame of the upper part of the defendant, which requires approximately 4 weeks of treatment, but the court below acquitted the defendants of the facts of this case

2. Determination

A. On November 17, 2013, the summary of the facts charged of the instant case: (a) Defendant A asserted the Victim FF (44 years old) in front of the “E Convenience Store” located in North Korea-gu at the port of port on November 17, 2013; (b) laid off the Victim’s right hand hand hand over several times to the Victim; and (c) Defendant B, as a result, caused the Victim’s chest and parts of the Victim’s chest and arms, thereby causing the Victim’s injury on the part of the Victim at approximately four weeks right hand, and the Victim’s injury to the pel frame and the pel frame.

Accordingly, the Defendants jointly inflicted an injury on the victim.

B. As to the facts charged in the instant case, the lower court determined that the victim’s statement and injury diagnosis, which are evidence corresponding to the facts charged in the instant case, are difficult to believe as they are, or cannot be considered as evidence of guilt, and that the evidence submitted by the prosecutor is insufficient to recognize the facts charged in the instant case even if comprehensive evidence is presented by the prosecutor, and that there is no other evidence to prove the facts charged, and thereby, found the Defendants not guilty pursuant to the latter part of Article 3

(1) In cases of a victim, an investigative agency shall have the victim contact the defendant A to contact him/her.

In addition, the above defendant was able to take a bath and avoid drinking, and the above defendant was 3 to 4 times for drinking.

유사 판례

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