상해
The defendant's appeal is dismissed.
All the costs of the original judgment and the trial shall be borne by the defendant.
1. The summary of the grounds for appeal is that the Defendant did not assault the victim except for those who pushed the victim by pushing the part of the Defendant’s ship and the right part of the Defendant’s ship with his left part elbbow with the Defendant’s left part part, and the victim did not have been injured by the Defendant’s assault.
However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the facts charged, thereby adversely affecting the conclusion of the judgment.
2. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision on the credibility of the statement made by the witness at the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court’s first instance court’s evidence.
Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of further examination of evidence conducted by the court of first instance until the closing of pleadings, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court’s judgment (see Supreme Court Decision 201Do5313, Jun. 14, 2012). Comprehensively considering the following circumstances revealed by the evidence duly adopted and investigated by the court of first instance, the fact that the defendant might sufficiently be recognized by assaulting the victim’s chest, etc. as described in the judgment of the court of first instance, thereby causing injury to the victim, such as scarf, etc.
(1) The defendant also.