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(영문) 부산지방법원 2017.07.07 2016노2198
상해
Text

The defendant's appeal is dismissed.

The costs of litigation for the original judgment and the party deliberation shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal does not inflict any bodily injury on the victim F.

2. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance witness was clearly erroneous.

Unless there are extenuating circumstances to see the credibility of a statement made by a witness of the first instance trial and in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings in the appellate trial, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012). The lower court found the Defendant guilty on the fact that the Defendant inflicted an injury on the victim by taking account of the relevant evidence duly adopted and investigated, including the witness F and G’s statement and the injury diagnosis report, etc.

Considering that the original judgment is closely examined by comparing the respective legal statements of M and G present at the trial as a witness with the records of the original judgment, the said judgment by the lower court is justifiable, and no exceptional circumstance exists to alter the lower court’s judgment as to the credibility of each legal statement of F and G of the witness F and G of the lower court.

Therefore, the defendant's above assertion is without merit.

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

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