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(영문) 서울북부지방법원 2019.02.01 2018노1954
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fact-finding) is that the Defendant did not see the victim's fingers as stated in the facts charged of this case, but there is an error of law by mistake of facts in determining otherwise.

2. Judgment on the grounds for appeal by the defendant

A. The written injury diagnosis submitted by the victim of the crime of injury in the relevant legal doctrine is not sufficient as evidence to directly prove the fact that the injury as stated in the above is caused by the criminal act of the defendant, since the doctor grasped the cause of the injury based on the victim's statement and stated the part and degree of the injury observed and judged by mobilization of medical professional knowledge. However, if the date and time of the diagnosis of the injury are close to the time and the time of the occurrence of the injury, there is no special circumstance to suspect credibility in the process of issuance of the written injury diagnosis, and the part and degree of the injury are consistent with the cause and circumstance of the injury alleged by the victim, unless there are special circumstances such as the victim's act of violence from a third party or it is revealed that the doctor prepared a false diagnosis report, the injury diagnosis report is serious evidence of the injury of the defendant along with the victim's statement, and its probative value cannot be rejected without reasonable grounds.

(See Supreme Court Decision 2007Do136 Decided May 10, 2007, and Supreme Court Decision 2010Do12728 Decided January 27, 201, etc.) B.

Judgment

The following circumstances revealed through the evidence duly adopted and examined by the court below, that is, the victim had a dispute over the construction of a building on the victim's land adjacent to the defendant's shop from the case to the court of the court below, but the victim's land on the day of the case.

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