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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2012.12.28 2012노2230
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a mistake of facts that the defendant inflicted bodily injury on the victim, the court below convicted the defendant of the facts charged in this case without using hacks or hacks in the process. The judgment of the court below is erroneous in misunderstanding of facts.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) In light of the contents of the judgment of the court of first instance and the evidence duly examined by the court of first instance concerning the principle of public trial-oriented and direct examination of facts, the court of first instance acknowledged the credibility of the statement made by a witness of the court of first instance, or rejected the victim's statement's head after completing an examination of evidence, including the examination of evidence conducted by the victim and the evidence duly examined by the court of first instance, unless there are exceptional circumstances where maintaining the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is deemed considerably unfair by considering the results of the first instance examination and the results of additional examination of evidence conducted by the court of first instance until the closing of oral argument, the court of first instance cannot reverse the judgment of the court of first instance solely on the ground that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance differs from the judgment of the court of first instance (see, e.g., Supreme Court Decision 2009Do1409, Feb. 25, 2010).

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