Text
The defendant's appeal is dismissed.
Reasons
The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is that there is no fact that the victim was shocked by a motor vehicle, and the injury of the victim was not caused by the defendant.
Judgment on the Grounds for Appeal
A. In light of the content of the judgment of the first instance court and the evidence duly examined in the first instance court, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous, or if the first instance court’s determination on the credibility of a statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance’s examination and the results of additional evidence examination conducted by the time the argument in the appellate trial was concluded, the appellate court should not reverse the first instance judgment solely on the ground that the first instance judgment on the credibility of a statement made by a witness of the first instance is different from the appellate court’s determination (see, e.g., Supreme Court Decisions 2010Do827, Oct. 14, 2010; 2013Do11802, Nov. 28, 2013).
Judgment
Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, it is difficult to view that there was a special circumstance to deem that the lower court erred in its determination as to the credibility of the victim E’s statement, and it is recognized that the Defendant suffered injury that requires approximately three weeks of medical treatment for the victim by shocking the victim with a car.
Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.
(1) The injured party consistently from the investigative agency to the original trial, and consistently, from the body of the investigative agency to the body of the injured party’s right-hand bridge, the front part of the vehicle driven by the accused.
The victim was examined the main body of the vehicle by returning the body that he does not want to go beyond, and the vehicle of the defendant continues to proceed and the two sides of the vehicle.