상해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal does not contain any injury by exercising violence against the victim, as stated in the facts charged of this case.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance trial witness was clearly erroneous.
In light of the following circumstances or the results of the first instance examination and the results of the further examination of evidence conducted by the court of first instance until the closing of oral proceedings, the appellate court shall respect the judgment on the credibility of the statement of the first instance witness (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). (b) We examine the following circumstances acknowledged by the evidence duly adopted by the court below, i.e., (i) the victim gets a taxi at the bar and go at the defendant's house at the time of the police investigation, leaving the house at the defendant's house at the time of the investigation. (ii) The defendant took the apartment house at the lower court's house at the 100 square meters, and did not see "I am close the village" by taking advantage of the apartment house at the village.
No. 1201, the head bond was laid down on the sidewalk block, and the head was laid down as a head.
Influort, brush, etc., and subsequent to the commencement of a brush, brush, and brue by hand;
I would like to know about the back of this year.
“(Evidence No. 7 page of the Evidence Records)” and “after the Defendant was led in a manner similar to that of his hand.”
No. Does I go back in the state of softening too much.
“(Evidence No. 9)” (Evidence No. 9) and “the telephone map.”