beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) did not cause an injury to the victim, such as the facts charged, and it is difficult to believe that the injury diagnosis as to the injury inflicted on April 11, 2016 is difficult.
Nevertheless, the lower court erred by misapprehending the facts.
In addition, the punishment (fine 500,000) imposed by the court below is too unreasonable.
2. Determination
A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance is clearly erroneous in light of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly deemed unreasonable in full view of the first instance court’s results of evidence examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court should not reverse the first instance judgment on the ground that the first instance court’s determination on the credibility of a statement made by a witness of the first instance is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006).
In the court of the court below, the victim stated to the effect that he suffered an injury by assaulting the defendant, such as the facts charged in this case, and the court below determined that the defendant suffered an injury by assaulting the victim as stated in the facts charged in the judgment below, on the ground that the victim's statement was reliable.
The statements of the victim are also consistent with other evidence, such as a specific diagnosis report.