폭행
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal was erroneous in the lower court, inasmuch as the Defendant did not sculp the victim’s flaps.
2. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision on the credibility of the statement made by the witness at the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court’s first instance court’s evidence.
Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of additional examination of evidence by the time the appellate trial is final and conclusive, the appellate court should not reverse without permission the first instance judgment on the 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 judgment (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The Defendant asserted to the same effect as the grounds for appeal even in the lower court, and the lower court, after examining the victim as a witness, has credibility in the victim’s statement that corresponds to the facts charged of the instant case.
The judgment of this case was made and the facts charged of this case were recognized by taking account of the victim's side pictures of damage.
Comprehensively considering the grounds for appeal asserted by the Defendant and the G Statements submitted by the appellate court, the lower court erred in its determination as to the credibility of the witness’s statement of the lower court
There are no special circumstances to see, and it is not remarkably unfair to maintain the judgment of the court below.
The defendant's assertion of mistake is not accepted.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.