(영문) 부산지방법원 2020.10.29 2020노1407 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2020.10.29 2020노1407

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the consistent statement of the victim as to the summary of the grounds for appeal (the fact-finding and the violation of law), the fact that the defendant committed an assault can be acknowledged.

2. Among the evidence submitted by the judgment prosecutor, there is a victim’s statement as direct evidence that seems to correspond to the facts charged.

The court below rejected the credibility of the victim's statement on the grounds as stated in the judgment.

In order to recognize the credibility of a victim's statement in the appellate court, the court below's decision rejecting the credibility of the statement must be acceptable and sufficient and acceptable.

(2) In light of the fact that the Defendant partially denied the facts charged in the instant case (such as injury to the victim, etc.) against the victim, the evidence submitted by the Prosecutor alone does not appear in such circumstance. However, in light of the circumstances where the Defendant partially denied the facts charged, the evidence submitted by the Prosecutor alone does not appear.

In light of the fact that there was a dispute between the defendant and the victim since February 10, 2019, it is difficult to readily conclude that the trace of the assault was generated 20:21 and 22:00 on the same day on the same day, considering the fact that there was a dispute between the defendant and the victim from February 10, 2019.

The judgment of the court below that rejected the credibility of the statement under the principle of court-oriented trial and the principle of direct trial cannot be respected.

The remainder of the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged.

There is no error in the judgment of the court below that there is no proof of a crime against the facts charged or in violation of law that affected the judgment.

3. The appeal by the prosecutor of conclusion is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

참조조문

-형사소송법 제364조 제4항

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

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