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(영문) 춘천지방법원 2015.07.22 2014노719
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the Defendant only shouldered the victim D’s fingers, and did not inflict any injury on the victim F.

B. The court below erred by misapprehending the legal principles on the victim D's fingers, but this constitutes a passive resistance to avoid assault by the victim, which constitutes legitimate act under Article 21 of the Criminal Act or Article 20 of the Criminal Act.

C. The lower court’s sentence of unreasonable sentencing (the fine of KRW 700,000) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of assessing the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is significantly unreasonable considering the results of the first instance court’s examination and the results of additional examination of evidence conducted until the closing of pleadings, the appellate court should not reverse without permission the first instance court’s decision on the grounds that the first instance court’s decision on the credibility of a statement made by a witness of the first instance is different from the appellate court’s decision (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). In light of the aforementioned legal principles, the lower court determined the Defendant’s assertion to the same effect as the Defendant’s defense counsel based on the following grounds.

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