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(영문) 춘천지방법원 2016.02.17 2015노1188
상해등
Text

The judgment below

Part excluding an application for compensation order among those shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

(b).

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime No. 2, the Defendant did not injure the victim.

B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.

2. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility, the first instance court’s determination was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court’s first instance court’s decision, and the first instance court’s determination on the credibility of the statement made by the witness of the first instance court, based on the evidence duly examined in the first instance court’s first instance court.

Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of additional examination of evidence until the closing of oral proceedings, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court's judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). Meanwhile, where the witness's statement is consistent in the main part, it does not deny the credibility of the statement as it is merely because it is not somewhat inconsistent with the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 2008Do1212, Aug. 20, 209).

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