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(영문) 창원지방법원 2019.02.19 2018노582
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant was unilaterally assaulted by the victim and C, and the judgment of the court below which found the defendant guilty despite the fact that he had inflicted injury on the victim or inflicted violence as stated in the judgment of the court below.

2. Determination

A. In light of the relevant legal principles and the public trial-oriented principle, comprehensively considering the results of the first instance court’s examination and the results of further examination of evidence conducted until the closing of argument in the appellate court, the appellate court should not reverse without permission the first instance court’s judgment as to the credibility of the statement made by the witness in the first instance, unless there are exceptional cases deemed significantly unfair to maintain the first instance court’s judgment on the credibility of the statement made by the witness in the first instance (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010).

The lower court determined that all of the facts charged of this case was guilty by taking account of the evidence presented in its judgment.

In light of the relevant legal principles, in full view of the following facts and circumstances recognized by the court below and the court below based on the evidence duly adopted and investigated, the judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant in the judgment below.

① The victim made a statement from the investigative agency to the court of the court below to the effect that “the Defendant was tightly sold to the left pipe, and thereafter the Defendant was pushed down with one another,” and that “the Defendant was tightly cut back after knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

(2) The defendant's 's hacks the victim by gathering the pipe, and the victim sells it.

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