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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 춘천지방법원 강릉지원 2020.01.09 2019노175
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) does not inflict an injury on the victim as stated in the judgment of the court below.

2. The facts that the Defendant inflicted an injury on the victim as stated in the judgment of the court below can be sufficiently recognized in light of the various circumstances in the judgment of the court below and the following additional circumstances, which can be recognized by comprehensively taking account of the evidence duly adopted and examined by the court below and the court below.

While the victim was facing the Defendant, the victim stated that the Defendant used both hands and assaulted with Da himself. According to the photographs taken immediately after the instant case, a red country occurred on the left part of the victim.

In addition, according to the field CCTV images at the time, the defendant was able to come up with a lush hand, and boomed with the victim, etc., and another person did not reveal the face of assaulting the left part of the victim.

B. The witness of the lower court, including the victim, made a statement by mutual consent with regard to the fact that the victim was a victim at the time when the Defendant and the victim wraped. Even if the witness of the lower court is a person more close to the victim than the Defendant, it is difficult to view that the witness of the lower court, even if he was the victim rather than the Defendant, she exceeded the form of assault itself

C. The fact that the defendant saw him as a son at the time is recognized is recognized.

However, considering the fact that the current situation at the time was very congested by a large number of people, and that some witnesses might have been difficult to witness even the detailed part of the assault in light of the body of the victim, etc., it is practically impossible to expect that the statements of the witness of the court below will be consistent with the complete consistency and specification.

In other words, on the ground that the witness of the court below did not make any statement on the house, the entire statement of the witness of the court below is believed.

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