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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2018.04.26 2017노2728
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not inflict any injury on C, as stated in the facts constituting the crime in the judgment below.

Nevertheless, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of special injury.

2. In light of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the first instance court, it can be sufficiently recognized that the Defendant used concrete sculptures, a dangerous object, to inflict bodily injury on the victim C.

The judgment of the court below is just, and there is no error in the misapprehension of facts alleged by the defendant.

The victim made a statement in an investigative agency to the effect that he/she corresponds to the facts charged in the instant case, and the statement is specific, consistent, and no other circumstance exists to suspect credibility.

A photograph of the victim’s parts of damage (Evidence 3) corresponds to the facts charged in this case.

The defendant seems to have failed to clearly memory his act due to sexual dementia.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that there is no reason to reject the appeal (Provided, That the second half of the judgment of the court below is corrected to add “in a state where the ability to discern things or make decisions is lacking due to old dementia, etc.,” after adding “in a state where the ability to discern things or make decisions is weak”.

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