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(영문) 대전지방법원 2019.09.05 2019노31
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fact-finding) is erroneous in the misapprehension of facts and incomplete deliberation by the court below, which found the defendant guilty, even though he did not unilaterally meet D with D, and did not assault D with D as described in the facts charged.

2. Determination

A. In light of the relevant legal principles and the public trial-oriented principle, comprehensively considering the results of the first instance court’s examination and the results of further examination of evidence conducted until the closing of argument in the appellate court, the appellate court should not reverse without permission the first instance court’s judgment as to the credibility of the statement made by the witness in the first instance, unless there are exceptional cases deemed significantly unfair to maintain the first instance court’s judgment on the credibility of the statement made by the witness in the first instance (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010).

In the instant case, the Defendant asserted the same purport as the grounds for appeal in the lower court, and the lower court rejected the Defendant’s assertion in detail, and convicted the Defendant of the facts charged, in light of the following: (a) the summary of the evidence, “a summary of the evidence” (the victim’s statement is specific, consistent, and does not seem to have any other circumstance to be published; and (b) the photograph taken at the time of the instant case and the Defendant’s statement that “the Defendant used an article against the victim” made by the prosecution conforms to the victim’s statement.

The following facts or circumstances acknowledged in accordance with the evidence duly adopted and examined by the court below and the court below, i.e., the victim's statement in the investigative agency and the court that "the defendant had assaulted the defendant by taking two times the face in the pocketbook (or a paper) in the first time," is specific, consistent, and reasonable in the situation explanation.

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