(영문) 서울북부지방법원 2018.06.28 2018노245

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자간(%)

(영문) 서울북부지방법원 2018.06.28 2018노245

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant guilty of the charges of this case on the ground that the defendant was assaulted by the taxi engineer C while the defendant was dissatisfied with the erroneous destination of the grounds for appeal (misunderstanding of the facts).

2. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility according to the spirit of the principle of substantial direct deliberation, the first instance judgment was clearly erroneous in its determination as to the credibility of the statement made by the first instance court witness in light of the content of the first instance judgment and the evidence duly examined in the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted by the time the appellate trial ends, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see Supreme Court Decision 2008Do7917, Jan. 30, 2009). The victim C has consistently stated the facts of damage from the investigative agency to the court of the lower court to the court of the lower court, and there is no special circumstance to make a false statement on the fact of damage itself.

Therefore, it can be sufficiently recognized that the defendant assaulted C by the testimony of the witness C duly adopted and investigated by the court below, and otherwise, the judgment of the court below was clearly erroneous.

There are no special circumstances to view C’s credibility of the statement, and to maintain the judgment of the court below on the credibility of C’s statement is not significantly inappropriate.

Therefore, the judgment of the court below cannot be said to be erroneous as alleged by the defendant, and the defendant's assertion is without merit.

3. Thus, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

참조판례

-대법원 2009. 1. 30. 선고 2008도7917 판결

유사 판례

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-전주지방법원 2017.03.23 2016노1384

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