beta
(영문) 인천지방법원 2018.07.13 2018노595

특수상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The victim was considerably at the time of the instant case, and was unable to specifically memory the circumstances of the instant case, and the statement also partially reversed, and it is inconsistent with objective evidence, thereby making no credibility.

B) The F’s statement in the original trial court is not only concrete, but also contradictory to the contents of the statement, and there is no reason to give a perjury for a defendant who has no particular human relationship.

C) At the time of the instant case, the part of the injury suffered by the victim was not spunched and flown alone.

At the time of the instant case, the Defendant and the victim were seated far away from approximately 30cm, but they were found in the buckbucks by the Defendant.

The part of the victim's injury was near the left side of back, the depth was 2 cm, and the knife direction was the street direction.

If the defendant intentionally reaches a victim with a knife, there is no reason for the defendant to find a knife in the part of the buckbucks by the defendant, and the part, depth, and knife of the above knife are different.

2) The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Determination 1 on the Defendant’s assertion of mistake as to the facts alleged above was also asserted in the lower court, and the lower court convicted the Defendant of the instant facts charged on the grounds that the victim’s statement was credibility, while F’s statement in the lower court court was difficult to recognize credibility.

2) Even though the appellate court did not have any objective reason to affect the formation of a documentary evidence in its trial process, if it intends to re-examine the first trial decision and make an ex post facto decision, the first trial decision was clearly erroneous or the arguments leading to the acknowledgement of facts are inconsistent with logical and empirical rules.