beta
(영문) 서울중앙지방법원 2020.05.11 2019노4087

특수상해등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (related to special injury) Defendant 1: (a) the Defendant only fell under each item used by the Defendant towards the Defendant in the body of the victim during the crime of destroying and damaging the property of this case; and (b) each item was faced with the head of the victim; (c) however, there was no fact that the victim was faced with the victim under each item; (d) the victim was faced with the victim’s head; and (e) the victim was taken under each item; (e) the Defendant was taken under each item; (e) the victim was taken under each item; (e) the victim was taken under each item; and (e) the face and left shouldered; and (g) the victim was taken under each item; and (e) the victim was suffered not only by the head, face, and shouldered; and (e) the two parts were written in the written diagnosis of injury; and (e) even if the Defendant did not assault the victim at the time of committing the crime of destroying and damaging the property of this case, there was no credibility of the victim’s statement to the effect of each item from the Defendant.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Determination

A. 1) In a case where the statements made by witnesses, including the victim, are mutually consistent and consistent with the facts charged, and conforms to the facts charged, they shall not be rejected without permission, unless there is any separate evidence to deem the credibility of the statements objectively, from an objective perspective (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2004Do362, Apr. 15, 2005). Furthermore, in light of the spirit of the substantial direct and psychological principle adopted by the Criminal Procedure Act, there is a special circumstance to deem that the first instance judgment on the credibility of the statements made by the witness of the first instance was clearly erroneous, or comprehensively taking account of the results of the first instance examination and the results of the evidence examination additionally made by the time of the closing of pleadings

참조조문