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(영문) 대구지방법원 2016.08.17 2015노4721
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is only the victim who seeks to flee after the police report, and there is no assault or injury to the victims.

However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the instant facts charged, 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 the witness of the first instance trial and the result of further examination of evidence conducted by the court of first instance until the closing of pleadings, the appellate court may not arbitrarily reverse the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court’s judgment (see Supreme Court Decision 201Do5313, Jun. 14, 2012). The lower court directly examined the victims and convicted them of the facts charged in this case by recognizing the credibility of the testimony. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court of first instance, it is reasonable to find the Defendant guilty of the facts charged in this case, and there is no error by misapprehending the facts alleged by the Defendant, thereby affecting the conclusion of the judgment.

(1) E shall be consistent from an investigative agency to the court of original trial in order to ensure that the defendant's operation is free from time to time to time of trial.

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