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(영문) 인천지방법원 2018.06.22 2017노2275
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who is aware of facts, was unilaterally engaged in c and F, and there was no injury or assault to them.

The judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous.

B. The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. 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 and the evidence duly examined in the first instance court was clearly erroneous in the first instance court’s determination as to the credibility of the statement made by the witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court.

Unless there are extenuating circumstances to see the credibility of the statement made by the witness at the court of first instance and in full view of the results of the examination of evidence and the results of additional examination conducted by the court of first instance until the closing of pleadings, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness at the court of first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 201Do5313, Jun. 14, 2012). In light of the above legal principles, according to the evidence duly adopted and examined by the court of first instance, the victims and the places of the court of first instance recognized the credibility of the victim’s statement made by the victim C, who was satisfing by the victim.

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