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(영문) 서울북부지방법원 2018.04.27 2017노2090

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not injure the victim at the time of the instant case by misunderstanding of facts or misapprehending of the legal principles.

There is no third person directly witnessing the part of the defendant's injury, and even if multiple evidences are integrated, it is proved to the extent that there is no reasonable doubt as to whether or not the defendant prices the victim.

It is difficult to see it.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of misunderstanding of facts or misapprehension of the legal principles, the defendant can sufficiently recognize the facts of assaulting the victim as stated in the judgment below. Thus, this part of the defendant's assertion is without merit.

(1) The police immediately after the occurrence of the case, that the victim was killed by the defendant.

Defendant made a statement (the 8th page of the evidence record), and even during the examination process of the witness by the court below, when he was the victim.

The statements consistently made (the 39th page of the trial records). In light of the fact that the defendant and the victim do not have any original relationship, and there is no motive for the victim to make false statements, the victim's statements are highly reliable.

② The police FF called up at the time of the occurrence of the instant case identified the victim as the party against whom the victim was the victim, and the victim’s face was the victim’s bucks.

The statement was made (14 pages of the trial record), which is consistent with the statement of the victim.

③ In addition, G operating a store around 10 minutes prior to the occurrence of the instant case, the victim was able to undergo the operation of the victim. At that time, the Defendant and the victim 2 were drinking alcohol within the 10 minutes, and the victim was living out of the 10 minutes of sound, and the victim was faced with the Defendant. In addition, G operating a store around 10 minutes of the instant case, the victim was faced with the Defendant.