상해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) at the time of the instant case, the Defendant suffered an injury requiring medical treatment between eight weeks by being subjected to unilateral assault from the injured person; and (b) was only seated with the victim by pushing the victim against the aforementioned assault in a defensive manner.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance trial witness was clearly erroneous.
Unless special circumstances exist or comprehensively considering the results of the first instance examination and the results of the further examination of evidence conducted until the closing of oral proceedings, maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance court is clearly unfair, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). Meanwhile, if it is reasonable to view that the perpetrator’s act was enclosed with one another’s intent to attack the victim’s unfair attack, rather than to defend the victim’s unfair attack, the perpetrator’s act was a defense act, and thus becomes a legitimate defense (see, e.g., Supreme Court Decision 2003Do4934, Jun. 25, 2004).
A statement to the effect that “ ...........”