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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal did not inflict an injury on the victim; however, the judgment on February 2, 199 only defended the victim by assaulting the defendant (misunderstanding of facts, misunderstanding of legal principles).
A. In light of the content of the judgment of the first instance and the evidence duly examined by the first instance court, the first instance court’s determination on the credibility of the statement made by a witness at the first instance court was clearly erroneous.
Unless there exist extenuating circumstances to see the first instance court’s determination as to the credibility of a statement made by a witness of the first instance trial, or in full view of the results of the first instance examination and the results of additional evidence examination conducted until the closing of pleadings in 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 determination (see, e.g., Supreme Court Decisions 2006Do4994, Nov. 24, 2006; 2017Do7871, Mar. 29, 2018). (b) The Defendant asserted to the same effect as the grounds for appeal in the lower court, while the lower court examined the victim D, witness E, and H, and found that some of these statements were not consistent.
The judgment of conviction was made after the victim suffered the injury of this case, and the judgment of conviction was rendered against the defendant by taking account of the details of treatment.
(c)
A thorough examination of the evidence duly adopted and examined by the court below and the court below, which clearly erred by the court below's determination.
In light of the special circumstances or circumstances that can be seen as significantly unfair to maintain such judgment, and the evidence duly adopted and investigated by the court below, such as the statement of the victim with credibility, the defendant inflicted an injury on the victim.