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(영문) 창원지방법원 2020.12.10 2020노1086
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the point of special injury) was not or did not display a wood fence to the victim C. Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case. Therefore, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) The sentence (one year of imprisonment, one year of suspended execution, and 80 hours of community service order) sentenced by the lower court of unreasonable sentencing is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court of first instance shall assess the credibility of the statement, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is taking an oath before a judge, and the penology of the statement, and the penology of the witness who directly observe the circumstances that are difficult to record in the witness examination protocol after taking an oath before a judge, and shall not dismiss the statement without permission, unless there is any other evidence that objectively deemed objectively acceptable in light of the victim’s statements and other witnesses’ objectively consistent and consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In addition, the court of first instance should have determined the credibility of the witness examination in light of the substantive direct examination method adopted by the Criminal Procedure Act as an element of the trial-oriented principle or the evidence examination of the first instance court’s first instance court’s first instance court’s first instance court’s first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s evidence judgment’s evidence examination.

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