(영문) 광주지방법원 2020.03.31 2019노1377 | 리걸엔진

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(영문) 광주지방법원 2020.03.31 2019노1377

폭행치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, such as on-site CCTV images, the victim B’s statement in the facts charged, and the written diagnosis in B, etc., the following circumstances are revealed: (a) the fact that B consistently states the damage from the investigative agency to the court; (b) even based on the witness F’s statutory testimony, the Defendant’s failure to see the head of the ditch in the seat of the Kani project; and (c) the head of the body to presume the Defendant’s assault against B from the on-site CCTV images.

In full view of this, the court below found the defendant not guilty of the facts charged of this case, even though he committed assault against B, such as having B go beyond B on the second floor, spawned, spawning, walking, etc. B, and caused injury to the right hand hand hand hand hand handb, the right hand hand hand handb, which requires treatment for a period of eight weeks.

2. The lower court found the Defendant not guilty on the ground that the following circumstances acknowledged by the evidence duly admitted and investigated by B, namely, ① the face of the Defendant’s assault against B on-site CCTV images are not recorded, and it is difficult to view that there is any trace of any artificial manipulation in such images, ② the medical record of B is indicated as an explanation of the source to the effect that “the Defendant was suffering from bodily injury as he was out of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the day of the instant case,” and the evidence submitted by the Prosecutor alone, is insufficient to acknowledge the fact that the Defendant inflicted injury on B as a result of the Defendant’s assault, and there is no evidence to acknowledge otherwise, and the facts charged of the instant case constitute a case where there is no evidence to prove a crime.

The evidence duly admitted and examined by the court below is as follows.

유사 판례

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-대구지방법원 2018.03.15 2017고단6854