폭행등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the victim’s statement on the part of the injury in the facts charged of the instant case becomes more concrete after the lapse of time; and (b) it is practically impossible to reorganize the situation as at the time, such as the victim’s statement, and thus, it is difficult to believe the victim’s statement; and (c) preventing the victim
However, the lower court erred by misapprehending the fact that the lower court found guilty of the part of the facts charged in the instant case, thereby adversely affecting the conclusion of the judgment.
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 a witness of the first instance trial and the result of further examination of evidence conducted until the closing of pleadings in the appellate trial, the appellate court may not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by a witness of the first instance is different from the appellate court's judgment (see Supreme Court Decision 201Do5313, Jun. 14, 2012). Meanwhile, just because the statement made by a witness of the first instance is inconsistent with the statement in the main part, the credibility of the statement should not be readily denied (see Supreme Court Decision 2008Do1212, Aug. 20, 209, etc.).