(영문) 서울북부지방법원 2018.05.24 2018노69

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.05.24 2018노69

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding the facts) is written down by the defendant as a problem of the victim and the vehicle;

However, for the purpose of defense, the defendant only had a larlar with the victim, and there is no other fact that the victim had a victim.

2. Judgment on the grounds for appeal

A. Considering the difference between the method of evaluating the credibility of the first instance trial and the appellate trial based on the spirit of substantial direct deliberation, the first instance judgment was clearly erroneous in its determination on the credibility of the statement made by the first instance court in light of the content of the first instance judgment and the evidence duly examined in the first instance trial.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance trial is clearly unfair, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted by the time the appellate trial ends, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance trial (see Supreme Court Decision 2008Do7917, Jan. 30, 2009). (b) The Defendant asserted the same purport as the grounds for appeal in the lower court, and the lower court directly summoned the victim as a witness and examined the victim, and then “the Defendant was assaulted by the Defendant” can be believed to have believed the victim’s statement.

Based on the judgment, the charged facts of this case were pronounced guilty.

In light of the aforementioned legal principles, the lower court’s determination was clearly erroneous in light of the following circumstances acknowledged by the evidence duly adopted and examined by the first instance court and the first instance court.

There is no special circumstance to view that maintaining the judgment of the court below on the credibility of the victim's statement is significantly unfair.

(1) A victim shall assault the accused from the investigative agency to the court of original instance.

참조판례

-대법원 2009. 1. 30. 선고 2008도7917 판결

유사 판례

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