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(영문) 대구지방법원 2018.08.17 2018노720
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not have inflicted any injury on the victim (misunderstanding of facts). 2. Determination of the first instance court on February 1, 200, and evidence duly examined by the first instance court, and the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous in its determination.

Unless there are extenuating circumstances to see the credibility of a statement made by a witness of the first instance trial and the result of an additional examination of evidence by the time the appellate trial is final and conclusive, the appellate court should 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 trial is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2017Do7871, Mar. 29, 2018). The Defendant asserted to the same effect as the grounds for appeal in the lower court, and the lower court examined the victim E as a witness and held credibility in the victim’s statement that conforms to the facts charged in the instant case.

In light of the facts charged, the Defendant inflicted injury on the victim as stated in the instant charges.

The decision was determined.

Even after a thorough examination of the records of this case, such a determination by the court below was clearly erroneous.

It does not seem that there are special circumstances or circumstances that can be seen as significantly unfair to maintain these judgments.

This part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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