상해등
The defendant's appeal is dismissed.
1. The summary of the grounds of appeal does not contain any fact that the Defendant injured the victim, or insulting the victim (misunderstanding of facts). Even if the Defendant inflicted an injury on the victim as stated in the facts charged, or insulting the victim, this constitutes a justifiable act and thus, constitutes a justifiable act, as it is intended to demand contact with the rooftop waterproof construction business operator (misunderstanding of legal principles). Determination of the sentence (2 million won) imposed by the lower court is too unreasonable (unfair sentencing).
A. In light of the content of the first instance judgment as to the assertion of mistake of facts and the evidence duly examined by the first instance court, the first instance judgment as to the credibility of the statement made by the first instance witness was clearly erroneous in the determination.
Unless there exist extenuating circumstances to see the first instance court’s determination on the credibility of the statement made by a witness of the first instance trial, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings in the appellate trial, 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 court is different from the appellate court’s determination (see, e.g., Supreme Court Decisions 2006Do4994, Nov. 24, 2006; 2017Do7871, Mar. 29, 2018). The Defendant asserted that this part of the appeal was the same as the grounds for appeal, and the court of the lower court also examined the victim C, witness E, F, and G as a witness, and there is credibility in the testimony corresponding to the facts charged.
In this regard, the judgment of conviction was rendered against the defendant by taking into account the following facts: capturing the CCTV screen and taking into account the descriptions of the death diagnosis report.
A thorough examination of the evidence duly adopted and examined by the court below and the trial court, the judgment of the court below on the credibility of the witness is clearly made.