폭행
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) is that the judgment of the court below is erroneous in finding the defendant guilty on the ground that the defendant misjudgments the victims.
2. Determination
A. Considering the difference between the method of evaluating the credibility of the first instance trial and the appellate trial based on the spirit of substantial direct deliberation, the first instance judgment was clearly erroneous in its determination on the credibility of the statement made by the first instance court in light of the content of the first instance judgment and the evidence duly examined in the first instance trial.
In light of the following circumstances or the results of the first instance examination and the results of the further examination of evidence conducted by the court of first instance until the closing of pleadings, maintaining the first instance judgment as to the credibility of the statement made by the witness of the first instance court is not significantly unfair, the appellate court shall respect the first instance judgment as to the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2017Do7871, Mar. 29, 2018). (b) The following circumstances acknowledged by the evidence duly adopted by the court below and duly examined by the court below, namely, (i) the victim D had consistently maintained from the investigative agency to the court of first instance; (ii) the Defendant had d d d d d d d d febling febling the body of the said victim; and (iii) has sealed the said victim.
The testimony was made (Evidence No. 19 pages, No. 59 pages of the trial record), and the victim F also took and shaking the fat of the victim D’s sat, and the victim f was satd by the defendant following his fighting.
The court below made a statement (34 pages of evidence, 69 pages of the trial record) that the victims may believe that they may believe the victims' statements after directly summoned them as witnesses.
Based on the judgment of the court below, the defendant was found guilty of the facts charged of this case. ② The photograph taken immediately immediately after the case, the victim D's arms and arms, and the victim F's Cor.