A medical certificate issued with only a guardian's statement...Grand Code "I can't decide on the crime of injury".

2024.11.05 PM 12:09
The Supreme Court ruled that the perpetrator's injury charges cannot be determined based on the medical certificate issued only by the victim's guardian's statement.

On the 8th of last month, the Supreme Court upheld the original ruling that acquitted A, who is suspected of being injured in a child protection zone.

The court said there was no mistake in the judgment of the court below, such as a misunderstanding of the law.

A was put on trial in December last year on charges of hitting and injuring a 9-year-old boy, B, who was crossing the street while driving over a red light in a children's protection zone in Yongsan-gu, Seoul.

According to CCTV footage at the time of the accident, it was found that B slightly touched the bumper in front of the vehicle under his waist, but walked back to the sidewalk without falling.

The first trial sentenced A to a fine of 4 million won on the basis of an orthopedic medical certificate visited by B and his guardian immediately after the accident,
The
appeal overturned the judgment as innocent, saying that the medical certificate was prepared based on the guardian's statement and that it was difficult to say that the pain was directly related to the car accident.



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