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(영문) 서울중앙지방법원 2016.04.29 2016노631
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have inflicted an injury upon the victim C beyond the victim C. However, the lower court erred by misapprehending the facts in the judgment of the first instance, thereby affecting the conclusion of the judgment.

B. Violation of Acts and subordinate statutes first instance courts did not consider ① the Defendant’s right to preserve evidence (Article 184 of the Criminal Procedure Act), ② the Defendant’s right to make statement (Article 286(2) of the Criminal Procedure Act), ③ the presumption of innocence (Article 27(4) of the Constitution), ④ the concentrated review principle (Article 267(2) of the Criminal Procedure Act), ⑤ violation of the rules that exclude illegally collected evidence, ⑤ violation of the rules that exclude illegally collected evidence, and ② the police did not take into account the circumstances in which the Defendant illegally arrested and detained the Defendant.

2. Determination:

A. According to the judgment on the assertion of mistake of facts, the evidence duly adopted and examined by the first instance court, that is, the victim C’s legal statement and the police statement, it can be sufficiently recognized that the Defendant inflicted an injury on the part of the Defendant by damaging the victim in excess of the date and time and place indicated in the facts charged, so the Defendant’s assertion of mistake of facts cannot be accepted.

B. Even if the contents of the Defendant’s assertion of violation of law are examined closely by comparing the contents of the Defendant’s assertion with the records, there were errors in the judgment of the first instance court by violating the Constitution, Criminal Procedure Act and other statutes as alleged by the

Therefore, this part of the defendant's assertion cannot be accepted.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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