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(영문) 춘천지방법원 2015.03.18 2014노1119
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding a mistake of fact, the defendant was unilaterally assaulted by the victim, and there is no fact that he did not commit the victim.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment and a fine of one hundred thousand won) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. Considering the difference between the method of evaluating credibility of the first instance court and the appellate court in accordance with the spirit of the substantial direct and psychological principle adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the appellate court shall not reverse without permission the first instance court's judgment on the sole ground that the first instance court's judgment on the credibility of the statement made by a witness of the first instance court is clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court's judgment on the credibility of the statement made by a witness of the first instance is considerably unfair in full view of the results of the first instance court's examination and the results of additional examination of evidence conducted by the time the appellate court concluded that the first instance court's judgment on the credibility of the statement made by a witness of the first instance court is different from the appellate court's judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

(2) In light of the above legal principles, the court below’s determination as to the credibility of the victim’s statement is clearly made. In light of the above legal principles, the health care unit and the victim stated in the court below that the Defendant injured the victim as stated in the facts charged of this case. The judgment of the court below as to the credibility of the victim’s statement is clearly made.

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