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The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. 1) Fact-finding 1) A person who misleads the victim of the fact about the injury merely caused the victim's own timber by entering the defendant's drinking, and did not directly inflict an injury upon the victim's face, etc.
However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.
2) There is no fact that the Defendant, by mistake of the fact as to the damage of property, damaged a monthly planning bulletin board managed by the injured party.
However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court (one million won in penalty) 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 the statement made by the witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, the first instance judgment was clearly erroneous in its determination on the credibility of the statement made by the witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court.
Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of the further examination of evidence conducted by the time the appellate court final and conclusive, the appellate court does not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court's judgment (see Supreme Court Decision 201Do5313, Jun. 14, 2012). Meanwhile, if the witness's statement is consistent with the main part of the judgment, the appellate court shall not reverse without permission (see Supreme Court Decision 2011Do5313, Jun. 14, 2012).