logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.06.26 2014노3593
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. In full view of the evidence presented by the prosecutor as to the gist of the grounds for appeal, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Summary of the facts charged in this case and the judgment of the court below

A. On December 26, 2013, the Defendant: (a) around 13:30 on the 13:30th day of the facts charged in the instant case, the Defendant was injured by the victim C (the age of 61, South) who is a taxi engineer and the charge on the road in front of the new celebrgian Do-Eup, Gopo-si, Kimpo-si; (b) on the 10th day of the left-hand side of the 4-day left-hand side in need of medical treatment, and caused the victim to wear a bridge and go beyond the ground floor, thereby making the victim go on the bridge, thereby making the victim go beyond the ground floor.

B. The lower court determined that the evidence consistent with the facts charged in the instant case is evidence C’s investigative agency and this court’s statement, but it is difficult to believe it, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize the facts charged in the instant case and there is no other evidence to acknowledge it otherwise.

3. The following circumstances are recognized in full view of the evidence duly adopted and examined by the court below and the court below (in particular, the result of the examination of black boxes conducted by the court below and the result of the examination of the sea-class black boxes).

① The victim’s statement to the effect that, consistently from the investigative agency to the court of the trial, it is consistent with the first instance, that “the Defendant: (a) escaped from the vehicle to the police station; (b) she saw the Defendant’s escape from the vehicle; and (c) she was faced with the Defendant, etc.; and (d) she gets off the bank, and she went off the bridge; and (b) the victim’s statement to the effect that “the Defendant exceeded the bridge by getting off the bank, and the Defendant got off the bridge,” and the victim’s statement to the effect that its credibility is recognized in line with the image taken on the taxi

On the other hand, the victim is under investigation by the investigative agency.

arrow