상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of facts (1) because a witness H was unable to directly witness the instant crime, the credibility of the witness G and B’s statutory statement in the lower court cannot be believed, and (2) the Defendant only defended that he did not assault B’s hand in order to take b’s hand from G and B under the influence of alcohol and prevent the difference due to b’s hair, and even though he did not depict B’s neck or G’s face, the lower court convicted him of the instant facts charged, thereby adversely affecting the conclusion of the judgment.
B. The sentence of the lower court (one million won of a fine) is too unreasonable.
2. Determination
A. In light of the contents of the first instance court’s judgment regarding the principle of court-oriented trial and the principle of direct examination of facts, and the evidence duly examined in the first instance court, if there are special circumstances to deem that the first instance court’s judgment on the credibility of a statement made by a witness of the first instance court was clearly erroneous, or if it is highly unfair to maintain the first instance court’s judgment on the credibility of a statement made by a witness of the first instance court based on the results of the first instance court’s examination and the results of additional examination of evidence not later than the time of closing argument in the appellate court, the appellate court may not reverse without permission the first instance court’s judgment on the ground that the first instance judgment on the credibility of a statement made by a witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). The lower court’s witness G and B made a concrete and consistent statement in the lower court’s criminal act, and there is no reason to deem it significantly unfair
In addition, it is recognized by the evidence duly adopted and examined by the court below and the trial court.