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(영문) 춘천지방법원 강릉지원 2019.11.21 2019노195
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (the factual errors) is as follows: (a) the Defendant citing a shouldered beer disease; and (b) the Defendant did not pose a threat to the victim A by “brupting”.

2. Considering the difference between the first instance court and the appellate court’s method of assessing credibility in light of the substance of the first instance judgment and the evidence duly examined in the first instance court, unless there exist special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, or where it is clearly deemed that maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is considerably unfair in light of the results of the first instance court’s examination and the results of additional evidence examination conducted until the closing of arguments in the appellate court, the appellate court did not reverse the first instance court’s determination on the grounds that the first instance court’s determination on the credibility of the statement made by the witness of the first instance is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006).

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