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(영문) 서울북부지방법원 2014.01.09 2013노1328
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal did not assault the victim;

2. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, if there are extenuating 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, or if it is 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 significantly unfair, the appellate court should respect the determination on the credibility of the statement made by the witness of the first instance, unless there are exceptional circumstances where it is deemed that the first instance court’s determination on

(1) The lower court convicted the Defendant of the facts charged in this case, based on the following evidence: (a) the lower court convicted the Defendant of the credibility of the aforementioned testimony, after having undergone a witness examination procedure with respect to E, F, etc.; and (b) after having undergone a witness examination procedure with respect to E, F, etc.; and (c) based on the other evidence duly admitted and investigated in the testimony, the lower court convicted the Defendant of the facts charged in this case; and (d) the lower

Therefore, the defendant's assertion is without merit, since it seems that the judgment is remarkably improper.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per

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