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(영문) 서울남부지방법원 2020.11.24 2019노302
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The statements made by the victim of mistake of facts and misapprehension of legal principles are not reasonable and contradictory, and thus cannot be believed, and the defendant does not have any fact of injuring the victim by putting a knife, and thus, there is no special injury crime.

B. The court below's decision on unreasonable sentencing: one year of imprisonment and two years of suspended execution.

2. Determination

A. 1) Determination of misconception of facts and misapprehension of legal principles as to the victim's credibility of the statement made by the first instance court in light of the contents of the first instance court's judgment and the evidence examined by the first instance court. If there are special circumstances to deem that the first instance court's judgment on the credibility of the statement made by the witness of the first instance was clearly erroneous, or if there are exceptional circumstances where maintaining the first instance court's judgment on the credibility of the statement made by the witness of the first instance court is remarkably unfair considering the result of the first instance court's examination and the result of additional evidence examination conducted until the closing of arguments in the appellate court, the appellate court should not reverse without permission the first instance court's judgment on the ground that the first instance court's judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court's judgment (see, e.g., Supreme Court Decision 2018Do1748, Jul. 24, 2019). The lower court acknowledged the victim's credibility and the evidence duly examined by the court.

B. If there is no change in the conditions of sentencing compared to the judgment of the first instance court on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

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