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(영문) 서울북부지방법원 2020.10.29 2020노621
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of the facts charged by dependent only on D without credibility or the victim C’s statement even though the Defendant did not have any flatize flat of the victim’s flat.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. 1) The lower court, based on the evidence duly adopted and examined by the lower court, acknowledged the fact that the Defendant was faced with the victim’s body in response to “the Defendant’s fating with fats by hand,” and that the Defendant went beyond the Defendant. 2) In light of the following circumstances, the lower court’s finding of the above facts is justifiable, and the Defendant’s assertion of mistake of facts is without merit. (A) The victim C consistently made a statement to the same purport from the police investigation to the court of the first instance. The lower court’s legal statement of D’s witness also did not find any circumstances to suspect the credibility of each of the above testimony. In addition, since the victim’s injury diagnosis report (Evidence No. 47 pages) presented by C, stating that “the victim’s external shock opinion was presented on the part of the victim,” and thus, the victim’s external shock of the victim’s body was presumed to have occurred before and after the Defendant’s testimony or the witness’s external shock.

On the other hand, the summary of the testimony made by the court below F of the witness F of the court below was "C", and the defendant was seated.

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