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(영문) 전주지방법원 2018.10.01 2018노873
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was not guilty of having inflicted an injury on the victim by harming him or her.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. Determination

A. 1) In a case where the statement of a witness, including the victim, is consistent and consistent with the facts charged on behalf of the victim, and conforms to the facts charged, it shall not be rejected without permission, unless there is any other reliable evidence to deem credibility objectively (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2004Do362, Apr. 15, 2005). In addition, in a case where the victim of a crime of injury submitted the victim’s statement, the victim’s medical expertise was generally identified based on the victim’s statement, and the victim’s statement was insufficient to have evidence directly proving the fact that the injury occurred from the Defendant’s criminal act. However, the victim’s diagnosis date and time close to the time when the victim’s diagnosis was prepared, and there is no special circumstance that the victim did not have any evidence to suspect the credibility of the victim’s medical examination, such as the victim’s 20th degree or degree of injury.

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