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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the defendant was assaulted against the victim, and the victim was flicked to defend him, and there was no such assault as described in the facts charged.
Nevertheless, the court below found the defendant guilty of the facts charged of this case, and there is a violation of law by mistake.
2. In light of the content of the judgment of the first instance and the evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in the determination.
Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court, in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of oral pleadings, 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 a statement made by a witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2017Do7871, Mar. 29, 2018). The lower court found the Defendant guilty of the instant facts charged on the grounds of the victim’s legal statement, etc.
The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim was consistently faced with the Defendant’s face from the investigative agency to the court of the court of the court below, and led him/her to a breath, etc.
The statement, ② there are parts of the victim’s body photograph, ③ The date and time when the victim’s diagnosis was conducted and the date and time when the victim’s diagnosis was made are close to the time and time when the injury occurred, and there is no reason to doubt the credibility of the process of issuing the certificate of injury, and the part and degree of the injury as stated are claimed by the victim.