logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.06.19 2019노2335
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant did not assault and injure the victims at the time and place specified in the facts charged of the instant case.

Nevertheless, the judgment of the court below which found all of the charges of this case guilty is erroneous in misconception of facts.

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 court is clearly erroneous, 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 considering the results of the first instance examination and the results of additional evidence examination conducted by the time the appellate court concluded, unless there are exceptional cases where it is deemed that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance is remarkably unfair, the appellate court should not reverse without permission the first instance judgment on the grounds that the first instance judgment on the credibility of a statement made by a witness of the first instance differs from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

In light of the specific legal principles as seen above, the court below also asserted that the defendant had the same purport as the grounds for appeal in this part. The court below held that the above witness's testimony was reasonable, logical, contradictory, or empirical rule, and the contents and contradictions of the defendant's statement after being sworn in the presence of a judge, as well as the witness's appearance, attitude, and penology that the witness's statement was being made in the open court after being sworn in the presence of a judge, and that the witness's statement was obtained by directly observing various circumstances, such as the penance of the witness's appearance, attitude, and statement.

arrow