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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2014.08.21 2014노910
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal found the Defendant guilty on the ground that the Defendant did not inflict an injury on the victim as stated in the facts charged.

2. In light of the difference between the first instance court and the appellate court's method of evaluation of credibility in accordance with the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the principle of court-oriented trial, if there are special circumstances to deem that the first instance court's determination on the credibility of the statement made by a witness of the first instance was clearly erroneous in light of the contents of the first instance court and the evidence duly examined by the first instance court, or if there are exceptional circumstances to deem that maintaining the first instance court's determination on the credibility of the statement made by a witness of the first instance is considerably unreasonable in full view of the results of the first instance court's examination and the results of additional evidence examination conducted by the time of closing argument, the appellate court shall not reverse the first instance court's determination on the credibility of the statement made by a witness of the first instance on the grounds that the first instance court's determination on the credibility of the statement differs from the appellate court's determination (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

Although it is generally consistent with L's legal statement of the court below, L's witness is merely a part of the backwards after the crime of this case, and only L's statement is the D' and G's original court recognized by the court below.

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