beta
Text
The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
As to the assertion of misunderstanding of facts, the court below found the defendant guilty of this part of the charges by misunderstanding of facts, despite the fact that it was not caused by the defendant's act even though it was not caused by the defendant's act even though it was not caused by the defendant's act even though it was not caused by the defendant's act, the defendant was faced with the body of the victim D at the time.
The court below's sentence (1.5 million won of fine) against the defendant claiming unfair sentencing is too unreasonable.
Judgment
In light of the contents of the judgment of the court of first instance regarding the assertion of mistake of facts and the evidence duly examined in the court of first instance, if there are extenuating circumstances to deem that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or if the court of first instance is not in exceptional cases deemed significantly unfair to maintain the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance, the appellate court should not reverse the judgment of the court of first instance solely on the ground that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is different from the judgment of the appellate court of first instance (see Supreme Court Decision 2011Do5313, Jun. 14, 2012). In light of such legal principles, according to evidence duly adopted and examined by the court of first instance, it is acceptable to find the court of first instance guilty of this part of the charges.
In particular, D has credibility since the court below made a concrete statement to the effect that the defendant was at the left buckbucks because he was at the price of the elevator with the inner seat of the elevator, and the contents of the injury diagnosis are also consistent with this.
The defendant's assertion of mistake is without merit.