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(영문) 전주지방법원 2019.09.04 2019노244
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. As to the 2018 Highest 406 portion in the judgment of the court below, the defendant did not inflict an injury on the victim or threaten the victim as stated in its judgment, and the judgment of the court below which found the defendant guilty on the ground that only the victim's statement was reliable, is erroneous.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a witness’s statement in the first instance trial, the first instance court shall not reverse without permission the first instance court’s judgment on the grounds that the first instance court’s determination on the credibility of a witness’s statement in the first instance trial is different from the appellate court’s determination on the grounds that the first instance court’s determination on the credibility of a witness’s statement in light of the content of the first instance judgment and the evidence duly admitted by the first instance court, or that the first instance court’s determination on the credibility of a witness’s statement in the first instance trial is clearly erroneous in light of the evidence duly admitted by the first instance court, and that the first instance court’s determination on the credibility of a witness’s statement in the first instance trial is clearly unreasonable in full view of the results of the first instance’s examination and the evidence duly admitted by the appellate court until the closing of oral proceedings (see, e.g., Supreme Court Decision 2009Do14065, Mar

In the lower court, the Defendant also asserted the same purport as the grounds for appeal. In full view of the evidence recorded in the summary column of the evidence as stated in the judgment of the lower court, including the statement of the victim with credibility, the lower court convicted him/her of this part of the facts charged on the ground that the Defendant inflicted an injury on the victim or sufficiently recognized

The judgment of the court below contains the result of the inquiry into Twon of this Court.

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