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Written by: Guo Haotian
2021-01-21 19:23
Last update date: 2021-01-21 19:24
The boxing coach was found guilty of fraud in the Magistrates’ Court on suspicion of defrauding students of 35,000 yuan in boxing competition registration fees. He was sentenced to five weeks in prison.
He refused to accept the conviction and appealed and accused the trial magistrate that without medical evidence, he accepted that the victim was an autistic patient, causing injustice to him.
The judge of the High Court today issued a verdict on his application, agreeing that the original trial judge determined the mental state of the victim without referring to sufficient evidence, and made inferences and judgments based on his testimony. The ruling was not secure. , Therefore ruled that the coach’s appeal was straightforward and his conviction was revoked.
The victim participates in the crazy pump fighting supernova charity match
The appellant Li Yaolun, who was a boxing coach of California Fitness, who had closed his course at the time of the case, was charged with charging a student of 35,000 yuan from September to October 2015 as a registration for the wildly drawn fighting supernova charity match. Expenses and intent to defraud.
There is no evidence that the victim has autism
Li said that the trial magistrate mistakenly accepted the victim as having autism, and believed that it was enough to know that the victim had autism, and no medical evidence was needed to prove it.
In addition, after he ruled that the victim had autism, he used it to explain the attitude of hesitation, hesitation, avoidance and refusal to answer questions when explaining the testimony of the victim.
Li believes that the trial officer admitted that the victim had autism without any evidence basis, and inferred the credibility of his evidence, and made Li unfair.
The trial officer did not refer to any medical evidence
Tan Sile, deputy judge of the High Court, referred to the transcript of the original trial and found that only because the prosecutor had made a statement that the victim had some problems with autism, he accepted that the victim had autism and ruled that there was no medical evidence. The victim had autism and the attitude used to infer his testimony was considered inappropriate.
Improper inference from the victim's autism
Tan Guan also pointed out that the victim had hesitating and avoiding attitudes when giving evidence. There were many differences between his testimony in court and the confession taken after the case. The prosecution did not directly deal with these issues during the trial; however, the magistrate accepted it. To explain the attitude of the victim to autism, and to accept his testimony.
However, Guan Guan believed that the original trial judge had insufficient grounds for accepting the controversial evidence from the victim, making the case questionable. Therefore, he believed that Lee's appeal should be determined.
Case Number: HCCC 617/2018
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