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(영문) 서울북부지방법원 2014.08.21 2014노192
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts constituting a crime in the judgment of the court below, was guilty on the part of the Defendant, even though he did not have inflicted an injury on the victim E, by finding the facts erroneous.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence conducted by the time the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unreasonable, the appellate court should respect the determination on the credibility of the statement made

(See Supreme Court Decision 201Do5313 Decided June 14, 2012, etc.). Based on the aforementioned legal doctrine, the lower court directly finished the examination of evidence by following the procedures for examining the witnesses E, witness E, witness F, and G, etc., and subsequently convicted the facts charged in the instant case by recognizing their credibility. The lower court’s determination of the credibility of each of the statements made by witnesses E, F, and G was clearly erroneous.

The defendant's assertion of mistake of facts is without merit, since it seems that maintaining the judgment of the court below on the credibility of the judgment is not significantly unfair.

B. The Defendant denies the instant crime until the trial of unfair sentencing, and it is difficult to see that the Defendant committed the instant crime, and there is no change in circumstances, such as not being able to recover from damage until the trial of the case. In addition, the Defendant did not change the circumstances.

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