(영문) 서울남부지방법원 2016.11.25 2016노244

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.11.25 2016노244

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant did not inflict any injury on the victim D as stated in the facts charged, and was unilaterally abused from D, but the judgment of the court below which found the defendant guilty is erroneous in misunderstanding of facts.

2. According to the evidence duly adopted and examined by the lower court, the following circumstances can be acknowledged.

- On the day of the instant case, the Defendant requested the victim to prepare documents such as a written confirmation of work (Evidence No. 86 pages) in the “F” office located in Guro-gu Seoul Metropolitan Government E second floor.

In relation to this, the victim stated in the police that "at the time, under the influence of alcohol, the defendant was prepared by himself/herself as a substitute for his/her duties (Evidence Record 76 pages)," and that two of the documents that the defendant prepared by the police as a substitute for the victim was prepared by the victim (Evidence Record 98 pages). However, the reason was stated to the effect that "the defendant was prepared by the victim on behalf of the victim because it is too difficult not under the influence of alcohol but under the influence of alcohol."

(Evidence Records 99 pages) . - Afterward, M's decommissioning team sent to the scene of the original defendant was sent to another scene and the defendant and the victim became a dispute.

(Evidence Records 31, 55 pages, 99 pages of the trial records). - The defendant was born in December 1968, 200s more than the victim who was born in April 1971, and the victim was subject to YI on January 21, 2013.

(Evidence Records 93 pages, 100, 105 pages). - On November 14, 2014, the date of the instant case, the CCTV images taken by the Defendant and the victim’s office and the relevant statements made by the Defendant and the victim are arranged in order of time as follows:

(1) The left-hand side of the office is the name of the defendant and the right-hand side is the victim, and the mobile phone at around 05:49:49.

유사 판례

-의정부지방법원 2013.07.05 2013노174

-대전지방법원 2015.05.27 2014노3515

-의정부지방법원 2020.11.12 2019노3141

-대구지방법원 2016.10.14 2016노507

-대구지방법원 2016.10.13 2016노842