beta
(영문) 대구지방법원 2015.09.10 2014노4352

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that there is no fact that the defendant was faced with the care of the victim because he/she was pushed ahead of his/her table, and there is no fact that he/she was clicked with the victim.

2. In light of the difference between the first instance court and the appellate court’s method of evaluation of credibility in accordance with the spirit of the principle of direct examination adopted by the Korean Criminal Procedure Act as an element of the principle of direct examination, the appellate court should not reverse without permission the first instance court’s determination on the credibility of the statement made by a witness of the first instance on the ground that it is clearly erroneous in the first instance court’s determination in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or that it is clearly unreasonable to maintain the first instance court’s determination on the credibility of the statement made by the witness of the first instance on the ground that the first instance court’s determination on the credibility of the statement made by the witness of the first instance is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). Based on the aforementioned legal principles, the lower court’s examination of the evidence duly adopted and examined the victim’s testimony and the evidence duly conducted by each of the first instance court.