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(영문) 부산지방법원 2018.07.13 2018노521

특수상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 3 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. In the course of committing an injury, the Defendant did not commit a special injury or injury without any particular reason, but did not know about “Awh and B” to the victim H in the course of committing an injury.

There is no fact that it was "," and with respect to a special crime of assault against victim H, the defendant did not depict the bat of the above victim's bat.

B. At the time of committing the instant crime, the Defendant with mental and physical weakness was under the influence of alcohol.

(c)

The punishment sentenced by the court below is too heavy. (4 years of imprisonment, confiscation, and collection)

2. Determination

A. The first instance judgment on the credibility of the statement made by the first instance trial witness was clearly erroneous in light of the spirit of substantial direct psychological principle adopted by the Korean Criminal Procedure Act, in determining the misunderstanding of facts or the misapprehension of legal principles.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance court is clearly unfair, or in full view of the results of the first instance examination and the results of the additional examination conducted until the closing of argument in the appellate trial, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012). The lower court found the Defendant guilty of all the charges of special assaulting the witness of the lower court on the ground of the following: (a) although the lower court stated to the purport that the Defendant was not flabing and flabing the Defendant in the court of the lower judgment; (b) however, the lower court stated to the effect that the Defendant was flabing the witness’s flab and flabing the witness’s flabing at the court of the lower instance; and (c)

Examining the judgment of the court below closely by comparing it with the records, the above judgment of the court below is just, and otherwise, the court below's judgment on the credibility of the witness H's legal statement.