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(영문) 춘천지방법원 2015.06.24 2014노642
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the mistake of facts and misapprehension of legal principles, we merely carried out a luxical gate, and did not smuggling the head, and the victim D’s home page was flicked and the victim D’s home page was flick, and there was no intention to intrude against the will of the right holder.

In relation to the injury, there is no injury to the victim E., and there was an injury to the victim E in domestic affairs.

Even if this is a legitimate act that occurred in the course of passive resistance against the assault of the victim E.

B. The court below’s sentence of unreasonable sentencing (the fine of 1.5 million won) is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts and misapprehension of legal principles regarding the assertion of the first instance court's credibility in light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the principle of court-oriented trial. In light of the contents of the first instance court's judgment and the evidence duly examined in the first instance court, there are extenuating 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 light of the results of the first instance court's examination and the evidence duly examined in the first instance court's examination, it is clearly unfair to maintain the first instance court's determination on the credibility of the statement made by a witness of the first instance without permission on the sole ground that the first instance court's determination on the credibility of the statement made by a witness of the first instance differs from the appellate court's determination (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

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