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(영문) 춘천지방법원 2020.11.18 2020노7

상해

Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant A1) misunderstanding of facts, incomplete deliberation, or misunderstanding of legal principles, Defendant A did not influort the victim (joint defendant B) or inflicted injury upon the victim’s face and neck as stated in the facts charged in the instant case. 2) The sentence of an unreasonable sentencing (fine 2 million won) by the lower court is too unreasonable.

B. Defendant B’s punishment (a fine of three million won) by the lower court is too unreasonable.

2. According to the evidence duly adopted and examined by the court below regarding Defendant A’s assertion of mistake of facts, incomplete deliberation, and misapprehension of legal principles, the following circumstances are revealed: (i) the victim has consistently made a statement from Defendant A to the effect that he was injured by assault as stated in the facts charged of this case; (ii) the victim’s injury level as stated in the written diagnosis of injury submitted by the victim is consistent with this; and there are no other circumstances to suspect the credibility of the victim’s statement; (iii) the victim’s act of assaulting the victim as described in the facts charged of this case was confirmed in CCTV video installed at the scene; and (iii) the Defendant A made a statement to the effect that the facts charged of this case was led

Comprehensively taking account of the facts that there are no circumstances to suspect the credibility or credibility, Defendant A is recognized to have inflicted an injury by assaulting the victim as stated in the facts charged of this case.

Therefore, we cannot accept this part of Defendant A’s assertion.

3. The determination of sentencing on the Defendants’ assertion of unfair sentencing is based on the statutory penalty, based on a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, and there is a unique area of the first instance trial in our Criminal Procedure Act, which adopts the trial-oriented principle and the direct principle.

In addition, this circumstances and the appellate court.