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(영문) 서울남부지방법원 2020.11.24 2019노1390
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is without objective evidence, such as CCTV images proving the fact that the defendant assaulted the victim; reports on the occurrence of a victim’s statement; video CDs, etc. are not reliable as they are unable to believe the victim’s statement; and there is no other evidence to acknowledge the fact of assault.

In addition, the causal relationship cannot be recognized because the possibility of the instant injury is low due to the assault claimed by the victim.

2. The Defendant asserted that there was no assault in the lower court, and the lower court rejected the Defendant’s above assertion on the grounds as stated in its reasoning.

The following circumstances acknowledged by the court below's decision and the court below's evidence duly adopted and examined by the defendant. In other words, the defendant argued that ① the victim's statement at the court below and the investigative agency and the defendant cannot be trusted of the video CD, etc., but the victim consistently stated from the investigative agency to the court below the core part of the defendant's assault and injury caused thereby, and there are no circumstances to deem that the victim's statement is especially in nature harmful, and the contents of the statement are consistent with the objective evidence such as photograph at the time of the recording, and ② The victim's interview with the defendant at the time of the occurrence of the case stated to the effect that "the victim took the knife" was "the victim taken the knife of the defendant." The defendant did not deny the fact of the assault only to the effect that "if the victim took the knife, why he was the victim's assault, why he was the victim's desire."

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