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(영문) 춘천지방법원 2015.05.13 2014노466

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had a larlar from the victim's office, the Defendant had no arms from the victim's office, and the victim did not have any injury by putting the victim with the victim's ability to sit in a mixed person, and then harming the victim over the floor by then pushing the victim.

B. The sentence of unfair sentencing (two years of suspension of execution in six months of imprisonment, probation, community service, 120 hours) by the lower court is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. Considering the difference between the method of evaluating credibility of the first instance court and the appellate court in accordance with the spirit of the substantial direct and psychological principle adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the appellate court shall not reverse without permission the first instance court's judgment on the sole ground that the first instance court's judgment on the credibility of the statement made by a witness of the first instance court is clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court's judgment on the credibility of the statement made by a witness of the first instance is considerably unfair in full view of the results of the first instance court's examination and the results of additional examination of evidence conducted by the time the appellate court concluded that the first instance court's judgment on the credibility of the statement made by a witness of the first instance court is different from the appellate court's judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

(see, e.g., Supreme Court Decision 2008Do12112, Aug. 20, 2009). In light of the above legal principles, the health unit, victim, at the investigative agency and the court below, is the defendant.