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(영문) 서울남부지방법원 2018.10.16 2017노1481
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant was able to get the victim with a dular while preventing the victim from unauthorized photographing, and the victim was able to get the victim with no string or getting the victim, and the victim was able to get the victim into a dular in the process of leading the victim to the defendant, leading him/her to the rear by him/her at the entrance.

Therefore, the judgment of the court below that found the defendant guilty of the facts charged in this case that the victim suffered bodily injury by the defendant's act was erroneous and adversely affected by the judgment.

2. The degree of the formation of a conviction in a criminal trial should be such that there is no reasonable doubt as to the degree of excluding all possible doubts, but the rejection of a conviction by causing a suspicion of absence of reasonable grounds for the probative value should not be allowed as exceeding the bounds of the principle of free evaluation of evidence (see Supreme Court Decision 94Do1335, Sept. 13, 1994, etc.). Moreover, considering the difference between the method of evaluating the credibility of a witness’s statement made by the court below and the appellate court in light of the contents of the judgment of the court below and the evidence duly examined in the court below, the judgment of the court below as to the credibility of a witness’s statement made by the court below was clearly erroneous in light of the contents of the judgment of the court below and the evidence duly examined in the court below.

Unless there are extenuating circumstances to see the credibility of a statement made by a witness of the original court and the result of an additional examination of evidence not later than the closing of oral argument in the appellate court, the appellate court's judgment on the credibility of a statement made by a witness of the original court is determined by the appellate court, unless there are exceptional circumstances to see the credibility of the statement made by the witness of the original court.

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