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(영문) 부산지방법원 2018.04.06 2017노4641
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case even though he did not have inflicted a bodily injury on the victim only once with the victim's her block. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. The victim's death diagnosis report submitted by the victim of a crime of injury to the assertion of fact generally ascertains the cause of injury based on the victim's statement, stating the part and degree of injury to observe and determine by mobilization of medical professional knowledge, and it is insufficient to be evidence to directly prove that the injury as stated above was caused by the criminal act of the defendant. However, there is no circumstance that the date and time when the victim's death diagnosis was conducted close to the point and time when the injury occurred, and there is no special circumstance that the part and degree of the injury alleged by the victim coincides with the cause or circumstance of the injury alleged by the victim, unless there is any special circumstance such as where the victim discovered a circumstance that may otherwise suffer injury due to the victim's assault from a third party, or where it was revealed that the victim prepared a false diagnosis report, the victim's face with the victim's face, and the probative value cannot be ruled without reasonable evidence (see Supreme Court Decision 2007Do136, May 207, 207).

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