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(영문) 전주지방법원 2018.12.05 2018노1261
상해
Text

The defendant's appeal is dismissed.

Reasons

1. In the absence of a fact that the defendant abused the victim E and inflicted an injury, the court below found the defendant guilty of the facts charged of this case on the basis of the statement of the victim and witness F.

2. Determination

A. In a case where the statement of a witness, including the victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without permission unless there exist any separate and reliable data to deem credibility objectively acceptable from an objective perspective (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2004Do362, Apr. 15, 2005). In addition, in a case where the victim of a crime of injury submitted an injury, the victim’s medical knowledge was generally identified based on the victim’s statement, and the victim’s medical expertise was mobilized to observe and determine that the injury occurred from the Defendant’s criminal act, and there is insufficient evidence to directly prove the fact that the injury as mentioned above occurred from the Defendant’s criminal act. However, the date and time of the diagnosis of the injury and the written diagnosis of the injury were close to the time when the injury occurred, and there is no special circumstance to suspect credibility of the victim’s medical examination, and there is no evidence to prove the victim’s intent to have been 20 or 3.

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