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(영문) 서울중앙지방법원 2015.10.12 2015노1753
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not cause E, etc. to go beyond two descendants, and that E, etc. did not have any injury.

Nevertheless, the court below found the defendant guilty of the facts charged in this case based on the statements of E and F without credibility. The court below erred by misunderstanding facts, which affected the conclusion of the judgment.

2. When considering the difference between the original court and the appellate court’s method of evaluation of credibility in accordance with the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the appellate court should not reverse without permission the lower court’s judgment on the sole ground that the lower court’s determination on the credibility of the statement made by the witness was clearly erroneous in light of the contents of the lower court’s judgment and the evidence duly examined by the lower court, or that the lower court’s determination on the credibility of the statement made by the witness was clearly erroneous in light of the evidence duly examined by the lower court, or that the lower court’s determination on the credibility of the statement made by the witness was clearly unreasonable in full view of the results of the lower court’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court. (See, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). According to the aforementioned legal doctrine, the lower court’s duly admitted evidence examination by the lower court that the Defendant suffered injuries and injury to the victim’s floor injury.

The defendant's above assertion.

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