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(영문) 서울북부지방법원 2020.11.06 2020노1000
폭행
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The Defendant of mistake of facts is merely a victim of a dispute with the victim, and there is no assault against the victim as stated in the facts charged.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 1,000,000) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluation of credibility in accordance with the spirit of substantial direct cross-examination adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the appellate court should not reverse without permission the first instance court’s determination on the ground that the first instance court’s determination on the credibility of the statement made by a witness of the first instance is clearly erroneous, or that it is clearly unreasonable to maintain the first instance court’s determination on the credibility of the statement made by the witness of the first instance court in full view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the time of closing argument in the appellate court, unless there are exceptional cases where it is deemed that the first instance court’s determination on the credibility of the statement made by the witness of the first instance is clearly unreasonable, and that the first instance court’s determination on the credibility of the statement made by the witness of the first instance is different from the appellate court’s determination on the grounds that the first instance court’s determination on the credibility of the statement made by the witness of this case is clearly consistent with the empirical rule or evidence.

As such, I believe.

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