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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2020.04.17 2019노2018
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant merely assaulted the victim by drinking, there is no fact that the Defendant, as stated in the facts charged of this case, inflicted an injury on the victim with beer and beer, which is a dangerous thing, such as the content of the facts charged of this case.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. 1) In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the relevant legal principle and the evidence duly examined by the first instance court, unless there exist special circumstances to deem that the first instance court’s judgment was clearly erroneous, or where it is deemed that maintaining the first instance court’s judgment on the credibility of a statement made by a witness of the first instance court is remarkably unfair considering the result of the first instance court’s examination and the result of additional evidence examination conducted until the closing of argument in the appellate court, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2017Do78712, Mar. 29, 2018). In light of the aforementioned legal principles, the lower court’s determination that the lower court properly admitted the facts charged by considering the following circumstances alleged by the evidence.

Therefore, the defendant's argument of mistake is without merit. A victim is consistent from the investigative agency to the original trial.

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