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(영문) 수원지방법원 2020.11.09 2020노1773

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty against the defendant, despite the difficulty in reliance on the victim's statement due to CCTV images which taken the scene of this case, was not confirmed that the defendant had committed an injury to the victim by hand, and there was an error of law by misunderstanding the facts or misunderstanding the legal principles.

B. In light of the Defendant’s economic situation, etc., the punishment of the lower judgment (two million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the following circumstances acknowledged by the court below's duly adopted and investigated evidence: (i) the victim stated in the court of the court below that "after reporting to the police, the defendant sustained an injury in the process of preventing the defendant from carrying the hand-on onto the vehicle," which correspond to the contents stated in the investigation agency (the witness C's legal statement and evidence No. 3) and (ii) another building manager at the present site of this case also stated that "the defendant was faced with the victim's bridge and arms by putting the hand-off of the hand-on hand, pushing the victim into the victim's bridge and arms, and resulting in the victim's injury (the case of the victim's statement No. 15)." (iii) The victim confirmed the part of the vehicle suffered by the police officer immediately after the instant case, and the photograph of the victim was submitted (the CCTV No. 4 evidence No. 5, the CCTV No. 5, the CCTV No. 5, the CCTV No. 9, etc. was found to be found to have been found to be the victim's.

Therefore, the judgment of the court below that found the defendant guilty is just.