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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2020.01.08 2019노466
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the special injury inflicted on the victim B among the facts charged in this case of mistake of facts, in light of the fact that the victim B made a consistent statement from the investigative agency to the court of the court below that he/she left his/her head several times through the file file electronic, consistent with the victim's statement, witness C also made a statement consistent with the victim's above statement in the court of the court below, as long as the above victim made a statement that he/she did not want to be punished by the defendant in the court of the court below, there is no reason to believe that the above victim's and witness's statement are sufficiently reliable.

Nevertheless, the court below rejected the credibility of each of the above statements and found the defendant not guilty of the above facts charged, and there is an error of law by mistake of facts.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, one year of suspended execution, one year of community service, 80 hours of imprisonment) is unreasonable.

2. Determination

A. 1) On January 1, 2019, the summary of the facts charged was determined by the lower court: (a) around 12:40 on January 1, 2019, at the one-friendly victim B (the age of 65) and C’s house located in the wife population D; (b) and (c) the head of the victim B, who brought a dispute as a matter of miscarriage; and (c) on the other hand, the victim B was in need of approximately two weeks of medical treatment; and (d) in light of the following circumstances recognized by the evidence adopted by the lower court, the lower court acquitted the Defendant of the facts charged on the ground that each statement by the victim B and witness C is difficult to believe, and the evidence submitted by the prosecutor alone was insufficient to prove the facts charged without any reasonable doubt.

(1) A very serious injury may occur to the head of a steel product, which is a dangerous thing.

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