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(영문) 대전지방법원 2019.05.30 2018노3321

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding (the point of violence and insult) the Defendant did not have committed assault to the victim F and expressed the victim E the same intent as the stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts is 1) The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the act of assault, namely, ① AF appeared in the court of original judgment and made a statement consistent with this part of the facts charged, and the court below acknowledged the credibility of the F statement. It does not appear that there are circumstances to be erroneous in the court below's determination that recognized the credibility of the F statement. ② On the other hand, D CCTV images which were taken at the time of the crime of this case, the defendant Da Da Da Da Du Du Du Du Du Du Du Du Du Du Du Du Du Du Du Du and Du Du Du Du Du Du Du Du Du Du Du Du Du Du Du Du c moved on the parking place. Accordingly, the defendant was taken following F Du Du Du Du Do f and f chi d' w w w w w w w see the following facts charged 2 in this part of the facts charged (con 2).