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(영문) 수원지방법원 2018.01.04 2017노7529
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, there is no trace of the victim's blood in excessive mistake, there is a possibility that the victim suffered bodily injury due to the Defendant's shoulder awareness, and there is no copy of CCTV images, and thus, there is evidence of the data by cutting off the CCTV images of the above copy.

In full view of the fact that there is a need for doubt as to whether the defendant was injured by the victim by excessive use.

subsection (b) of this section.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The punishment of the lower court (one year of imprisonment, three years of suspended execution) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly admitted and examined, found the following circumstances, i.e., the evidence of the lower court, i.e., the photographic image of the CCTV files (Evidence No. 16) submitted as evidence in this case at the scene of the crime; however, the remainder, except the date of preparation, etc., of the video files recorded at the scene of the crime, is not subject to the professional law as evidence of non-statement, and the copy or image of the reproduced image is recognized as identical to the original, by evidence of the Defendant’s consent or by any other evidence. In so doing, the lower court did not err by misapprehending the legal doctrine regarding the admissibility of evidence, even if the Defendant consented to the second trial date of the lower court’s second trial, and did not have any doubt of editing or editing in the process of the trial.

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