상해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant did not catch or destroy the E-mail.
2. Determination
A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.
(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.
The lower court found the Defendant guilty of the facts charged of the instant case while recognizing the credibility of the E’s testimony and F’s testimony and rejecting the credibility of the remainder of the testimony, after having undergone the examination procedure for the witness examination of E, F, etc., and found the lower court clearly erroneous determination of the credibility of each of the above statements.
It is not clearly unreasonable to maintain the judgment of the court below on the credibility or credibility of the judgment.
According to E’s testimony and F’s partial testimony, the Defendant’s assertion is without merit, since the Defendant was divided into two parts: (a) the head of fat and fat, and (b) the head of fat, and the head of fat.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.