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(영문) 서울북부지방법원 2020.10.16 2020노807
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is limited to the act of assaulting the victim from the victim at the time and place specified in the facts charged of this case, and did not anticipate that the act of assaulting the victim and defense of the defendant could result in injury to the victim.

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

2. Determination

A. Since the crime of assault and bodily injury by relevant legal doctrine is an aggravated crime, there should be a proximate causal relation between the act and the result thereof, and there should be predictability for the result of the injury, and the existence of such predictability should be strictly determined by taking into account specific circumstances, such as the degree of the assault and the response status of the victim.

(2) The court below held that the first instance court's decision on the credibility of the statement made by a witness of the first instance is clearly erroneous in light of the contents of the first instance court and the evidence duly examined in the first instance court, or that the first instance court's decision on the credibility of the statement made by the witness of the first instance is clearly erroneous in light of the contents of the first instance court's decision and the evidence duly examined in the first instance court, or that the first instance court's decision on the credibility of the statement made by the witness of the first instance is clearly unreasonable in light of the evidence examination results of the first instance court and the evidence duly examined in the first instance, unless there are exceptional cases where it is deemed that the first instance court's decision on the credibility of the statement made by the witness of the first instance is different from the appellate court's decision (see, e.g., Supreme Court Decision 2003Do2796, Dec. 26, 2003).

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