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(영문) 서울남부지방법원 2020.09.03 2019노1758
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged by recognizing the credibility of the victim's statement even though the victim plicked or plicked the victim's own booms around the sidewalk block, did not open the victim's chest by hand. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court (2 million won of fine) is too unreasonable.

2. Determination

A. In light of the content of the judgment of the court of first instance as to the assertion of mistake of facts and the evidence duly examined in the court of first instance, if there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or if it is not in exceptional cases deemed that maintaining the first instance judgment on the credibility of the statement made by a witness of the court of first instance is remarkably unfair considering the results of the first instance examination and the results of additional evidence examination conducted by the time the arguments were closed at the court of first instance, the appellate court cannot reverse the first instance judgment solely on the ground that the first instance judgment on the credibility of the statement made by a witness of the court of first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2006Do4994, Nov. 24, 2006; 2013Do5029, Sept. 12, 2013).

The defendant's assertion of mistake is without merit.

B. The assertion of unfair sentencing.

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