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(영문) 전주지방법원 2019.09.18 2019노749

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor including the victim and H’s statement in the gist of the grounds for appeal, the court below erred by misapprehending the facts that the defendant acquitted the defendant, even though the defendant sufficiently recognized that the defendant committed assault against the victim as stated in the facts charged in this case

2. The court below held that although the victim made a statement to the effect that he was assaulted by the defendant, the victim's statement is not consistent with the frequency or part of the victim's assaulted by the defendant, and is contrary to the victim's punishment F or her mother's mother's content in G investigation agency, it is difficult to credibility the victim's statement, while the victim's mother made a statement to the effect that he was assaulted by the defendant in the court of original instance. However, this G statement is also one of the evidence supporting the facts charged in this case and it is difficult to credibility in light of the victim's attitude of statement (other than this G statement is also one of the evidence supporting the facts charged in this case, and the court below did not explicitly dismiss the credibility of H's statement in light of the overall purport, but it seems difficult to find the defendant not guilty on the ground that the evidence submitted by the prosecutor alone alone is insufficient to prove that the facts charged in this case is beyond reasonable doubt.

3. Judgment of the court below

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a witness’s statement in the first instance trial, there are special circumstances or the first instance court’s determination on the credibility of a witness’s statement in light of the content of the first instance judgment and the evidence duly examined in the first instance court.

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