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(영문) 인천지방법원 2020.08.28 2020노752

상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the witness of the court below guilty of the facts charged based on the above witness's statement, etc. although the testimony of the court below is not reliable, there is an error of law affecting the judgment

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s decision on the credibility of a statement made by a witness of the first instance court in light of the first instance court’s contents and the evidence duly examined by the first instance court, or the result of additional examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse the first instance court’s decision on the credibility of a statement made by a witness of the first instance on the ground that the first instance court’s decision on the credibility of the statement is different from the appellate court’s decision (Supreme Court Decision 2011Do5313, Jun. 14, 2012). According to the records, the court below’s determination that the victim B who is the witness of the first instance and the witness of the first instance cannot be deemed to have been duly adopted or investigated by the court’s evidence.

Therefore, this part of the defendant's argument is without merit.

B. The crime of this case on the assertion of unfair sentencing is the victim who was the defendant's wife.