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(영문) 인천지방법원 2015.11.25 2015노2266
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination

A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.

The court below directly examined F and I, etc. and acknowledged the credibility of testimony and convicted them of the facts charged in this case. There are special circumstances to deem that the court below clearly erred in the determination of credibility of the above testimony.

It is not considered significantly unfair to maintain its judgment as it is.

Therefore, this part of the defendant's argument is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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