logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.11.11 2016노2162
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (the part concerning the charge) did not have any assaulted the victim’s chest and sect, as stated in the facts charged.

Nevertheless, the judgment of the court below which found the defendant guilty of assault against the defendant is erroneous and adversely affected by the conclusion of the judgment.

B. The evidence submitted by the prosecutor (not guilty part) reveals that the victim suffered bodily injury due to the Defendant’s assault.

Nevertheless, the judgment of the court below which acquitted the defendant about the injury of the defendant is erroneous.

2. Around July 25, 2015, the Defendant: (a) around 21:50, at the southyang-si, C apartment 110-dong, the Defendant was suffering from damage to the sloping of the victim’s breast part and the selbow in his body with his arms and selbows for about 14 days, such as the price of the victim’s chest and selbows.

3. Determination

A. The following circumstances found by the evidence duly adopted and investigated by the lower court regarding the Defendant’s grounds for appeal, namely, ① the victim made a consistent statement from the investigative agency to the court of the lower court to the effect that “the Defendant was at prices on the chests and selfs in the lower court’s chests, while the victim was in a dispute with the Defendant’s side and vision with respect to smoking tobacco at the entrance of the apartment,” and ② there were no special motives or circumstances to make a false statement in order for the victim to gather the Defendant; ② there was no particular motive or circumstance to suspect the credibility of the above statement (the victim was issued a summary order of KRW 2 million with the content that the Defendant was injured by assaulting the Defendant; the above summary order became final and conclusive around that time); ③ CCTV video CDs, the Defendant’s face to the victim by selling around 21:40:26.

arrow