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(영문) 대전지방법원 2017.11.30 2017노1149
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. misunderstanding of facts and legal principles ① The Defendant was unable to fully recognize the accident at the time of the instant accident, and there was no intention to commit an escape.

② The victims suffered injury under the Criminal Act due to the instant accident.

subsection (b) of this section.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding of facts and legal principles ) Considering the difference between the spirit of the principle of substantial direct deliberation and the first instance court and the appellate court’s method of evaluation of credibility, the first instance judgment on the credibility of the statement made by the first instance court witness was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court as it is, in light of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court's judgment (see Supreme Court Decision 2006Do4994, Nov. 24, 2006). 2) The defendant asserted the same as above in the lower court, and the lower court rejected the above assertion by stating in detail the defendant's assertion under the title "judgment on the defendant's and his defense counsel" in the written judgment.

3) First, we affirm the judgment of the court below on the above argument ① by comparing the above argument with the record and closely examining the judgment of the court below on this part, and there is no error of misunderstanding of facts and misunderstanding of legal principles as pointed out by the defendant.

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