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(영문) 서울중앙지방법원 2015.12.17 2015노3964
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal has not inflicted an injury on the victim due to the injury or injury of the victim caused by the injury or injury to the victim due to the injury or injury caused by the two main diseases;

2. If there are extenuating circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous in light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act regarding the grounds for appeal, or where it is clearly unreasonable to maintain the first instance court’s determination on the credibility of a statement made by a witness of the first instance court in light of the results of the first instance court’s examination and the results of additional evidence examination conducted up to the closing of argument in the appellate court, the appellate court shall respect the determination on the credibility of

(See Supreme Court Decision 201Do5313 Decided June 14, 2012, etc.). Comprehensively taking account of the evidence duly admitted and examined by the lower court, it is difficult to see that the lower court’s judgment that recognized the credibility of each of the statements made by F and the victim in the court, which correspond to the facts charged in the instant case, is sufficiently acceptable and understandable, and that the Defendant could sufficiently recognize the fact that he/she inflicted bodily injury on the victim as stated in the facts charged in the instant case, and thus, the lower court’s conviction of the facts charged is just and acceptable, and there is no error of law by misunderstanding facts.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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