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(영문) 의정부지방법원 2013.04.12 2012노2617
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not inflict any injury on the victim as stated in the facts charged in the instant case, and that the written diagnosis of injury submitted on June 19, 2012, after the victim took part in the instant case, cannot be deemed as having a causal relationship with the victim’s assault, but the judgment of the court below convicting the Defendant of the facts charged in the instant case based on the statement at each court of the lower court, each injury diagnosis document, and the investigation report (the statement hearing of the police officer in charge of theG police box) of the victim and F, was erroneous,

2. Determination

A. The court below adopted a witness E and F’s statement, each injury diagnosis, and investigation report as evidence of guilt in each court of original instance. The following is examined as to whether each of the above evidence is credibility.

B. 1) In light of the difference between the lower court and the appellate court’s method of evaluating credibility of the statement made by a witness in accordance with the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, the lower court’s determination on the credibility of the statement made by the witness in light of the content of the lower judgment and the evidence duly examined by the lower court, or except in exceptional cases where it is deemed that maintaining the lower court’s determination on the credibility of the statement made by the witness in the lower court is remarkably unfair in light of the evidence examination and the evidence duly examined by the lower court, or where it is deemed that the lower court’s determination on the credibility of the statement made by the witness in the lower court is significantly unfair, the appellate court shall not reverse the lower court’s determination on the ground that the lower court’s determination on the credibility of the statement made by the witness in the lower court differs from the appellate court’s determination (see, e.g., Supreme Court Decision 2010Do15765, Jun. 30, 2011).

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