logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2012.12.06 2012노1195
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not inflict injury upon the victim D.

2. Determination

A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.

The lower court acknowledged the credibility of the testimony of each of the facts charged in the instant case after having finished a direct examination of evidence regarding D and E, such as the process of examining the witness, and found the Defendant guilty of the facts charged. The lower court clearly erred in its determination of the credibility of each of its statements.

Therefore, the defendant's above assertion is groundless, since it seems that the judgment of the court below on the credibility of the judgment is not significantly unfair.

3. Therefore, 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 groundless. It is so decided as per

arrow