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(영문) 서울중앙지방법원 2013.05.02 2012노3414

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The misunderstanding of facts first tried to capture the Defendant’s balth and face so that he would capture the Defendant’s balth, and then cut the center of his body, which is vaddi, and the victim’s balthically lost the center of vaddi, and the victim’s balth, and there was no trace of the victim’s balthing or falthing the balth, and there was no injury.

B. The lower court’s sentencing of an unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. (1) With respect to the assertion of mistake of facts, the degree of formation of a conviction for finding a guilty guilty in a criminal trial should be such that there is no reasonable doubt, but to the extent that it excludes all possible doubts, and rejection of evidence that is recognized as having probative value is beyond the bounds of the principle of free evaluation of evidence.

and the statement of the witness is the main issue.

In the case of consistency in the part, the mere fact that the statement on other minor matters is somewhat inconsistent does not unreasonably deny the credibility of the statement.

(2) In the case of this case, based on the above legal principles, the court below and the court of first instance comprehensively adopted and examined the evidence. In other words, ① The victim specifically stated the major matters concerning the crime of this case, such as the relationship with the defendant from the investigative agency to the court of first instance, the reasons why the victim was subject to violence from the defendant, the method of violence, and the circumstances after the assault, etc., and the whole statement is consistent and it is deemed that the content of the statement itself is sufficient to understand.