(영문) 청주지방법원 2017.04.20 2016노1386 | 리걸엔진

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(영문) 청주지방법원 2017.04.20 2016노1386

상해

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The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding the facts), the court below found the defendant guilty on the ground that the defendant inflicted an injury upon the victim as stated in the facts charged of this case. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. In full view of the detailed circumstances as stated in its reasoning, the lower court, based on the evidence presented by the prosecutor, committed a crime as stated in the instant facts charged by the Defendant.

For the reason that it cannot be easily determined, the defendant was acquitted.

B. In light of the following circumstances revealed by the evidence duly adopted and investigated by the court below, the court below’s judgment is just and acceptable, and there is no error of law by mistake of facts as alleged by the prosecutor.

The prosecutor's assertion is without merit.

1) At the time of the instant case, the victim et al. went beyond F and lost mind (the trial record No. 59 of the trial record), and the victim, F, and the Defendant got out of the scene (the victim, F, and the Defendant got out of the scene). The Defendant stated to the effect that he was aware of the Defendant’s assaulting the victim from G after the date of the instant case (the trial record No. 65,66 of the trial record). The content of the above statement was not a statement made by the victim, but a statement made out of G, as stated in the facts charged, that the Defendant committed assaulting the victim, as stated in the facts charged. The victim lost his mind.

However, it is difficult to understand that the defendant cannot memory his face.

In addition, the contents of the statement that G was heard from G are inadmissible as long as G testified in the court of original trial as a professional statement.

2) The G’s statement that corresponds to the facts charged is insufficient for the following reasons.

A) Witness G of the lower court is the Defendant at the time of the instant case.

유사 판례

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-대구지방법원 2016.03.25 2015노1363

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