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(영문) 수원지방법원 2016.11.02 2016노1807

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below dismissed the prosecution of assault among the facts charged in this case and convicted the remainder of the facts charged.

However, since the defendant appealed only the guilty portion of the judgment of the court below, and did not appeal all the prosecutor and the defendant with respect to the dismissal of public prosecution, the dismissal part of the court below's judgment was separated and finalized, and only the guilty portion of the judgment

2. Summary of grounds for appeal;

A. Since the statement of the lower court witness D or F of the erroneous determination of facts is insufficient to believe that it is difficult to believe, the Defendant did not inflict an injury upon the victim D, such as the statement in the facts charged, because of the lack of credibility.

B. The sentence of unfair sentencing (one year of imprisonment, two years of suspended execution, and two hundred hours of community service order) by the lower court is too unreasonable.

3. Determination

A. In full view of the following circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the assertion of mistake of facts, the lower court can sufficiently recognize the fact that the Defendant inflicted injury on the victim’s head by using a iron sheet for transporting food, which is a dangerous object, at the price of the victim’s head.

① The Defendant and F, from an investigative agency to the court below’s trial, were in line with the victim’s body. During that process, the victim’s cryption was in line with the victim’s body while saving and blocking the Defendant from being cryped. The judgment of the court below that recognized the credibility of the above statement was clearly erroneous even if considering that the victim and F were in a mother-child relationship, even though considering that the victim and F were in a mother-child relationship.

Inasmuch as it seems significantly unreasonable to maintain the judgment of the court below that recognized the credibility of the above statement, the appellate court should determine the credibility of the witness statement of the court below.