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(영문) 춘천지방법원 2016.02.03 2014노1050
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of reasons for appeal does not inflict any bodily injury on the defendant by assaulting the victim;

2. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility, the first instance court’s determination was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court’s first instance court’s decision, and the first instance court’s determination on the credibility of the statement made by the witness of the first instance court, based on the evidence duly examined in the first instance court’s 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 additional examination of evidence until the closing of oral proceedings, 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, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). Meanwhile, where the witness’s statement is consistent in the main part, the appellate court does not deny the credibility of the statement as well (see, e.g., Supreme Court Decisions 2008Do1212, Aug. 20, 209; 2008Do1212, Aug. 20, 209).

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