(영문) 서울북부지방법원 2018.05.10 2017노2582

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.05.10 2017노2582

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not aware of the victim’s flaps or face.

B. The lower court’s sentence (an amount of KRW 3 million) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the grounds for appeal

A. 1) In light of the difference between the first instance court and the appellate court’s method of evaluating credibility based on the spirit of substantial direct deliberation, the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court, and the evidence duly examined in the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings in the appellate court, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see Supreme Court Decision 2008Do7917, Jan. 30, 2009). (2) The lower court shall directly summon the victim as a witness and summon the victim and then trust the victim’s statement.

Based on the judgment of the court below, the charges of this case were convicted.

In light of the above legal principles, the above judgment of the court below was clearly erroneous in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below.

There is no special reason to view that the court below's decision on the credibility of the victim's statement is significantly inappropriate.

(1) The injured party from the investigative agency to the court of the court below (hereinafter referred to as "the injured party"), "after having flaps over the injured party without any particular reason, the defendant flabs the flabs of the injured party in the process of dispute over outside the restaurant by putting him flabs.

참조판례

-대법원 2009. 1. 30. 선고 2008도7917 판결

유사 판례

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