(영문) 인천지방법원 2018.06.08 2017노4604 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.06.08 2017노4604

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The grounds of appeal 1) The Defendant: (a) led the victimized person to the stairs and did not pushed the injured person; and (b) the injured person is in line with the duty to impose heavy burden on the injured person, i.e., vadi, thereby falling short of vadi. Therefore, the injured person is not caused by the Defendant’s act.

The victim's statement that corresponds to the facts charged of this case is not reliable in light of witness's statement, surrounding circumstances, etc.

2) In the process of taking a victim from a disturbance out of the room, the Defendant’s act is a justifiable act that is reasonable to the extent that is acceptable in light of social norms, by putting the victim’s arms against the victim while putting the victim’s arms in the process of getting the victim out of the room.

2. Although the victim's statement is partly different from the statement of the witness F of the court below which contains the witness's statement, the witness's testimony cannot be made due to death, etc. under Article 316 (2) of the Criminal Procedure Act, and the witness's statement can be used as evidence to prove that the witness's statement was made under particularly reliable circumstances. The witness's identity cannot be known, and even if the witness's statement did not meet the above requirements, it is not admissible as evidence to be used as evidence of guilt. However, the court below erred in finding that the victim suffered injury from the defendant according to the evidence duly adopted and examined by the court below except the F's statement of the court below.

A consistent statement was made in 112 immediately after the instant case, and it can be recognized that the Defendant was sent to a hospital by the 119 first aid unit and received medical treatment. The judgment of the court below that found the credibility of the victim's testimony and found the Defendant guilty of the Defendant is just, and the Defendant's act cannot be viewed as a legitimate act. Thus, the Defendant's assertion

3. The defendant's appeal is dismissed. It is so decided as per Disposition.

유사 판례

-대전지방법원 2018.10.25 2018노1283

-수원지방법원 2018.05.31 2018노752

-대법원 2018.03.15 2017도10335

-수원지방법원 2018.06.28 2017노9121

-전주지방법원 2017.07.24 2016노1835