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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2017.02.10 2016노4069
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of the victim’s head collection.

B. The injury inflicted by misunderstanding the legal doctrine does not constitute injury under the Criminal Act.

2. Determination:

A. In light of the content of the first instance judgment on the assertion of mistake of facts and the evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by the first instance witness was clearly erroneous.

Unless there are extenuating circumstances to view that maintaining the first deliberation decision on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the first examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall not reverse without permission the first deliberation decision on the sole ground that the first deliberation decision on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment.

In particular, in the case of evidence supporting the facts charged, even though the first instance court, which directly observed the witness's appearance and attitude in the witness's statement while proceeding the witness examination procedure, finds it impossible to recognize the credibility of the witness's statement, the appellate court may reverse it and recognize the credibility of the witness's statement.

In order to determine the credibility of the statement, the first instance court’s decision rejecting the credibility of the statement should be a case where there are sufficient and understandable circumstances (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). They also refer to the following circumstances: (a) examining the instant case; and (b) circumstances alleged by the Defendant (e.g., the victim’s witness G (victim) and G’s legal statement.

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