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(영문) 서울중앙지방법원 2017.06.15 2016노235 (1)
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found that the Defendant assaulted the Victim F on the basis of the victim F’s statement and the witness M’s self-written statement. However, in the case of the Victim F, it is difficult to believe that the victim F’s self-written statement, the police’s written statement, and the written statement of the lower court in the case of the witness M is inconsistent, such as inconsistency with each other. In the case of the witness M’s self-written statement, the lower court acknowledged admissibility based on Article 314 of the Criminal Procedure Act, but did not prove that M prepared the said written statement “under particularly reliable circumstances,” as prescribed in the proviso of the above provision, it cannot be deemed as evidence of guilt.

Therefore, since there is no evidence to prove that the defendant injured the victim F by assaulting the victim F, the defendant should be pronounced not guilty.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The following circumstances, which can be recognized by the lower court’s judgment as to the assertion of mistake of facts and evidence duly adopted and investigated by the trial court and the trial court, i.e., whether another accomplice committed an assault,” are inconsistent or somewhat unclear as to the victim F’s statement, but the “whether or not the Defendant committed an assault,” is consistent and obvious from the police to the trial court at the trial court at the time (Evidence No. 29, 297, witness F’s legal statement). As such, the victim F’s statement was credibility in the part related to the Defendant at least among the victim F’s statement, and even as alleged by the Defendant, it was not proven that there was “a particularly reliable condition” as stipulated in the proviso to Article 314 of the Criminal Procedure Act at the time of the preparation of the M’s written statement.

Even if the victim F's statement is related only to the defendant, it can be sufficiently recognized that the defendant abused the victim F and injures the victim F.

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