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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the criminal facts No. 3(a) of the judgment of the court below, the Defendant did not inflict an injury on the victim H. (2) The sentence of the court below (three years of imprisonment) is too unreasonable.
B. The above sentence of the lower court is too unhued and unfair.
2. Determination
A. Although the Defendant alleged the same purport in the lower court’s judgment as to the Defendant’s assertion of mistake of facts, the lower court determined that the Defendant inflicted an injury on the victim H by taking into account the following: (a) the victim’s statement was consistent and consistent in the core part; and (b) consistent with the photograph taken at the time of
Considering the difference between the first instance court and the appellate court’s method of evaluating credibility according to the spirit of substantial direct cross-examination adopted by the Criminal Procedure Act, if there are special circumstances to deem that the first instance court’s judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in light of the contents of the first instance court’s judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s judgment on the credibility of the statement made by a witness of the first instance court is considerably unfair in full view of the results of the first instance’s examination and the results of additional evidence examination conducted by the time of closing argument, the appellate court should not reverse the first instance court’s judgment on the ground that the first instance judgment on the credibility of the statement made by a witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2016Do5412, Jun. 15, 2018). In light of the above legal principles and the evidence duly examined by the lower court, the judgment is justified.