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(영문) 서울중앙지방법원 2013.10.25 2013노1697
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the sense of misunderstanding of facts and misunderstanding of legal principles, the defendant's act constitutes a justifiable act that does not violate social rules due to a behavior sufficient to make the subordinate staff of the victim who committed an inappropriate act in the state of interest, and thus does not violate social rules by making it possible for the victim to commit an act sufficient to do so.

B. In light of the fact that the victim of unfair sentencing was interested in the victim of unfair sentencing, and that the victim was deadly injured by the company's loss, the court below's punishment (the fine of 500,000 won) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the evidence examination conducted by the first instance court and the evidence examination conducted by the first instance court, except in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance is remarkably unfair in full view of the evidence examination conducted by the first instance court and the evidence examination conducted by the time the argument was concluded by the appellate court (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). In so doing, the lower court erred by misapprehending the facts charged by misapprehending the first instance judgment on the ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court differs from the appellate court’s judgment.

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