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(영문) 창원지방법원 2020.01.16 2019노2090
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have inflicted any injury on the victim at the time and place specified in the facts charged (as to the crime of 2019 order169).

(b) Unreasonable sentencing (the recognition of a partial crime and reflects on the fact that there is a family member to support, etc.);

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court based on the evidence adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant can be recognized as having inflicted an injury on the victim in the bed room and the stern.

The defendant's assertion of mistake is without merit.

① A relatively consistent from the investigative agency to the court of the court below, the victim made a statement to the effect that “the defendant saw the victim’s neck from the bed of the ship to the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the ship

② The name of the victim stated in the medical certificate of injury issued on October 7, 2018, which was next to the date of the instant case (hereinafter “the name of the victim”) is consistent with the victim’s above statement.

③ A witness I, who had been at the scene of the instant injury, stated in an investigative agency that “The victim was frightened in a bed room, the defendant was frightened by two descendants on the part of the victim, and was frightened by the victim’s face. Although it was not seen at the site, he was frightened on the part of the victim’s above statement.” This is consistent with the victim’s above statement.

④ While I appears as a witness in the court of the court below and reversed the statement concerning the circumstances of the case, I made a statement to the effect that “At present, the present date is not consistent with memory, and the contents stated by the investigative agency are correct,” in the same examination procedure, I shall be readily dismissed.

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