(영문) 서울북부지방법원 2018.06.28 2018노334

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.06.28 2018노334

과실치상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding is that the Defendant: (a) was hacker of the hacker column; (b) but the victim who was far away from the hacker column did not intentionally suffered an injury by putting the victim toward the hacker column and leaving the arms onto the hacker column; (b) the lower court’s punishment against the hacker in sentencing (1.5 million won) 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, 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 Defendant asserted the same purport as the grounds for appeal even in the lower court, and the lower court directly summoned the victim as a witness and examined the victim, and convicted the Defendant by recognizing the credibility of the victim’s statement.

When considering the following circumstances acknowledged by the evidence duly adopted and examined by the court below in light of the legal principles as seen earlier, the defendant sufficiently recognized the fact that the victim was injured by destroying the victim’s hives as stated in the judgment below, and otherwise, the judgment of the court below was clearly erroneous.

shall be deemed special.

참조판례

-대법원 2009. 1. 30. 선고 2008도7917 판결

유사 판례

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