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(영문) 춘천지방법원 2021.02.03 2020노570
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant merely caused the victim by putting the fluor while putting the fluorily with the victim, and did not have any intention to inflict an injury on the Defendant.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination of the credibility of a confession made by mistake of facts and misapprehension of the legal doctrine should be made by taking into account all the circumstances, such as whether the content of the confession statement itself is objectively reasonable, what is the motive or reason for the confession, what is the developments leading up to the confession, and what is not contrary to or contradictory to the confession among the circumstantial evidence other than the confession.

In a case where the defendant consistently led to the confession from the investigative agency to the trial date, and reversed his own confession from any trial date, the court shall examine the motive, reason, circumstance, etc. leading up to the reversal of his confession, together with the motive, reason, etc. leading up to the reversal of his confession in light of the past investigation agency’s past statement and the contents of his statement (see, e.g., Supreme Court Decision 2015Do17869, Oct. 13, 2016). In full view of the following circumstances revealed by the evidence duly adopted and examined by the court below, the court below’s decision that found the defendant guilty on the ground that the defendant had the intention to injure and inflicted an injury on the victim as stated in the facts charged in the instant case is justified, and the court below did not err by misapprehending the legal principles as argued by the defendant.

1. The victim is “Is the Defendant who would have brought about a construction section, but is unable to find where the principal had the construction section,” and “Is the Defendant who died of the death of the Defendant.”

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